Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 6960 of 2018 Petitioner :- Ramprit Respondent :- Jatan And 06 Others Counsel for Petitioner :- Kamal Kumar,Ajay Kumar Yadav
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
In view of the order, which is proposed to be passed today, notices need not go to the private respondents.
The applicant has approached this Court for issuing direction to the Civil Judge (Junior Division), West, Ballia to decide the restoration application registered as Misc. Case No.5 of 2015 (Manki and another vs. Jatan and others) filed in Original Suit No.746 of 2013 (Manki and another vs. Jatan and others), which was dismissed in default on 8.9.2014, within stipulated time.
The Hon'ble Supreme Court in M/s Shiv Cotex Versus Tirgun Auto Plast P. Ltd and others, 2011 (89) ALR 232, has made the following observations:-
" It is high time that courts become sensitive to delays in justice delivery system and realize that adjournments do dent the efficacy of judicial process and if this menace is not controlled adequately, the litigant public may lose faith in the system sooner than later. The Courts, particularly Trial Courts, must ensure that on every date of hearing, effective progress takes place in the suit."
Considering the above, this petition stands disposed of with the direction upon the Court concerned to decide the restoration application registered as Misc. Case No.5 of 2015 (Manki and another vs. Jatan and others) filed in Original Suit No.746 of 2013 in accordance with law, in case the same is still pending, as expeditiously as possible and preferably within three months from the date of production of certified copy of this order, without granting unnecessary adjournment to either of the parties, except upon payment of cost.
Order Date :- 18.9.2018 RKP