Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 6382 of 2018 Petitioner :- Hawaldar Singh Respondent :- Civil Judge (Jr. Division ) Jaunpur And 05 Others Counsel for Petitioner :- Rajendra Kumar Singh
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the plaintiff-applicant.
In view of the order, which is proposed to be passed today, notices need not go to the private respondents.
The applicant has approached this Court for issuing direction to the Civil Judge (Junior Division), Jaunpur to decide the application no.42C filed by the plaintiff/petitioner in Original Suit No.803 of 2017 (Hawaldar vs. Prem Bahadur and others) under Section 9 of C.P.C. within stipulated time.
The Hon'ble Supreme Court in M/s Shiv Cotex Versus Tirgun Auto Plast P. Ltd and others, 2011 (89) ALR 232, has made the following observations:-
" It is high time that courts become sensitive to delays in justice delivery system and realize that adjournments do dent the efficacy of judicial process and if this menace is not controlled adequately, the litigant public may lose faith in the system sooner than later. The Courts, particularly Trial Courts, must ensure that on every date of hearing, effective progress takes place in the suit."
Considering the above, this petition stands disposed of with the direction upon the Court concerned to decide the application no.42C filed by the plaintiff/petitioner in Original Suit No.803 of 2017 (Hawaldar vs. Prem Bahadur and others) under Section 9 of C.P.C., without granting unnecessary adjournment to either of the parties, except upon payment of cost.
Order Date :- 31.8.2018 RKP