Court No. - 19
Case :- MATTERS UNDER ARTICLE 227 No. - 1918 of 2018 Petitioner :- M/S Mohd. Mustakim, Mohd. Mushtaq And Company Respondent :- Civil Judge (Sr. Div.) Allahabad And 2 Others Counsel for Petitioner :- Hridaya Narain Shukla,Mohd.Aslam Azhar Khan Hon'ble Manoj Kumar Gupta,J.
The prayer made in the instant petition is for issuing direction to the trial court to decide application dated 19.11.2014 filed by the petitioner for rejecting the plaint in exercise of power under Order 7 Rule 11 CPC.
Original Suit No.881 of 2011 has been filed by the plaintiff- respondents. According to the petitioner, who is defendant in the said suit, the suit is not maintainable, as it is barred by Section 34 of the U.P. Krishi Utpadan Mandi Act, 1964. Counsel for the petitioner submitted that the application is pending since a long time but has not been disposed of so far.
In case the application under Order 7 Rule 11 CPC filed by the petitioner has yet not been disposed of, the trial court is directed to decide the said application expeditiously, without granting unnecessary adjournments.
The petition stands disposed of accordingly.
(Manoj Kumar Gupta, J) Order Date :- 28.3.2018 SL