Court No. - 36
Case :- MATTERS UNDER ARTICLE 227 No. - 9731 of 2018 Petitioner :- Krishna Kant And Another Respondent :- M/S Firms Giriraj Ji Tractors And Another Counsel for Petitioner :- Vinay Kumar Mishra,Arvind Kumar Tiwari
Hon'ble Mrs. Sunita Agarwal,J.
Learned counsel for the petitioners submits that on account of pendency of the Original Suit No. 267 of 2014 (Krishnakant and another vs. M/s Firm Giriraj Ji Tractor and others), the interest of the plaintiff is being suffered, inasmuch as, the tractor, which is subject matter of the suit has been put to auction. The defendant has filed the suit seeking a relief for setting aside the recovery initiated by the defendant bank on the ground that the tractor supplied to him by defendant no. 1 was defective.
It is contended that despite due service of summons, the defendant no. 1 has not put in appearance in the said suit whereas defendant nos. 2 and 3 have filed their written statement and the issues have been framed.
Having perused the order sheet, without expressing any opinion as to the merits of claim of the petitioners, the present petition is being disposed of with the direction to the Court below namely the Civil Judge (Senior Division), Etawah to decide the Original Suit No. 267 of 2014 (Krishnakant and another vs. M/s. Firm Giriraj Ji Tractor and others), expeditiously, preferably, within a period of four months from the date of submission of certified copy of this order, after satisfying itself about the service of summons upon all the defendants.
Order Date :- 22.1.2019 Brijesh