Court No. - 7
Case :- MATTERS UNDER ARTICLE 227 No. - 5868 of 2021 Petitioner :- Ram Kewal Respondent :- Dudhanath And Another Counsel for Petitioner :- Lavkush Kumar Shukla
Hon'ble Ajit Kumar,J.
Heard learned counsel for the plaintiff-petitioner and perused the record.
By means of this writ petition under Article 227 of the Constitution, the petitioner has prayed for following relief:-
"(i) Issue a order or direction, directing to the Civil Judge (Junior Division) Shahganj, Jaunpur to decide original suit no. 834 of 1990 Kuttur and others Versus Dudhnath and another expeditiously if possible within a stipulated period fixed by this Hon'ble Court."
Learned counsel for the petitioner submits that the suit is of the year 1990, the prayer for its expeditious disposal in a time bound period appears to be genuine. It is submitted by learned counsel for the petitioner that issues have been framed way back on 30.08.2007, however, the defendants are not cooperating and as and when the proceedings are directed to be accepted ex parte they engaged another counsel and file recall application and it is submitted that it is reflected from the order of trial court dated 23.05.2017.
In view of the above, this petition stand disposed of with following directions:
(a). The trial court shall decide the application for recall of the defendants/ contesting respondents within a period of six weeks from the date of production of copy of this order before the court concerned along with an application;
(b). Soon after the recall of order of an ex parte proceeding or in the event that application is not pressed and to decide the suit ex parte, issues shall be framed within a month thereafter. After the issues are framed, the plaintiff was conclude his evidence within a period of three months, if the order to proceed ex parte has been recalled, the defendants shall conclude their evidence within three months and in case if the suit proceedings after conclusion of evidence of the plaintiff, the Court shall proceed to decide the suit within a period of three months or the conclusion of the evidence as the case may be.
It is further clarified that time frame provided for disposal of the case shall be deemed to be extended in the event concerned district is hit by another surge of pandemic (SARS COV- 2/COVID 19) resulting in the suspension of public movement and/or judicial working in the district concerned.
The order available on the official website of the High Court will be taken to be authentic one.
Order Date :- 28.10.2021 IrfanUddin