Court No. - 13
Case :- MATTERS UNDER ARTICLE 227 No. - 3140 of 2019 Petitioner :- Mehi Lal Respondent :- Subhash Chandra Counsel for Petitioner :- Rajesh Kumar Mishra,Arvind Srivastava
Hon'ble Saurabh Shyam Shamshery,J.
The petitioner is aggrieved that 6C application filed by him being plaintiff in suit No 979 of 2018 (Mehi Lal Vs Subhash Chandra) pending in the court of Civil Judge (JD) Jaunpur has not been decied till date.
The learned counsel for the petitioner submits that the suit is proceeding on snail's pace and it has suffered adjournments on one pretext or the other on as many as six dates and now 8.5.2019 is fixed as the next date.
On the other hand, learned counsel for the respondent-caveator, who has filed his vakalatnama which is taken on record, submits that he is not to be faulted for any delay. He undertakes that he would file reply to the application 6 C before the next date fixed in the case.
In view of the above, in the light of the decision of the Supreme Court in M/S Shiv Cotx Vs Tirgun Auto Plast P. Ltd and others 2011 (89) ALR 232, the petition is disposed of with the direction that the learned trial court shall endeavour to decide the application 6 C on the next date fixed in the case which is 8.5.2019. It would ensure that the case is not postponed on account of any unnecessary adjournment.
Order Date :- 26.4.2019 MH