The sole relief pressed for by learned counsel for the petitioner at the time of hearing of this petition is that the application filed under Order 9 Rule 13 of the Code of Civil Procedure, 1908 for setting aside the ex-parte decree dated 16th October, 2008 be decided expeditiously.
It is stated by learned counsel for the petitoiner that the application was filed in 2009 for setting aside the ex-parte decree passed in Original Suit No.38 of 2003 and it was registered as Misc. Case No.16 of 2009 (Mukut Singh Gahlot Vs. Govind Singh & Ors.) but the said application has not been decided even though three three years have lapsed. He has also placed before the Court the order-sheet of the case. It is his submission that great prejudice is being caused to the petitioner on account of delay in disposal of the application.
In view of the nature of the relief claimed by the petitioner and the order that is proposed to be passed, it is not necessary to issue notices to the respondents.
On a consideration of the submissions advanced by learned counsel for the petitioner, in view of the averments made in the writ petition and on perusal of the order-sheet, this petition is disposed of with a direction to the Additional District Judge, (S.D.) Vth Agra to decide the application filed under Order 9 Rule 13 of the Code of Civil Procedure expeditiously, preferably within a period of four months from the date a certified copy of this order is filed by the petitioner, without granting unnecessary adjournment to any of the parties.
It is made clear that the Court has not adjudicated upon the merit of the case which shall be examined by the Additional District Judge, (S.D.) Vth Agra in accordance with law.
Order Date :- 6.2.2012 SK