Court No. - 10
Case :- MATTERS UNDER ARTICLE 227 No. - 9863 of 2019 Petitioner :- Lal Bahadur Respondent :- Civil Judge And Another Counsel for Petitioner :- Prabhat Kumar Singh,Vineet Kumar Yadav Counsel for Respondent :- Ashish Mishra
Hon'ble Mrs. Sangeeta Chandra,J.
(Oral)
1. At the outset, learned counsel for the petitioner prays that this Court may allow him to correct the pleadings and to delete Para-12, which has been incorporated out of inadvertence due to tendency of the office to cut and paste. He may do so during the course of the day.
2. Heard learned counsel for the petitioner.
3. This petition has been filed by the petitioner, praying for a direction to the Civil Judge (Junior Division), Jaunpur to pass appropriate orders on the application dated 23.3.2019 filed in Original Suit no.562 of 2018 (Bal Bahadur vs. Raj Keshar) as early as possible.
4. It has been submitted by the learned counsel for the petitioner that the petitioner is the defendant in a Declaratory Suit, where the plaintiff no.1 wants a declaration from the trial court that he is the son of one Panna Lal so that he may usurp and occupy the property situated in Village Uttari Patti Pargana Haweli, District Jaunpur, the property left by Jawahar Lal. It has been alleged that Jawahar Lal was issue-less throughout and had no son. The defendants to prove their case, filed an application for a direction from the learned Civil Judge to the plaintiff to undergo a DNA test, although no heading has been given to the application filed before the trial court on 23.3.2019.
5. On further query of the Court, learned counsel for the petitioner says that the said application has been filed under Section 151 of CPC.
6. It has been settled that the Court has inherent power to prevent abuse of process of Court and to make orders as are just in the facts and circumstances of the case to arrive at a decision of the real controversy involved in the case.
7. This petition is disposed of with a direction to the trial court to consider whether such an application can be considered and disposed of under Section 151 of CPC at the earliest, say within a period of three months from the date, a certified copy of this order is produced before the court concerned.
Order Date :- 18.12.2019 Sachin