Court No. - 30
Case :- MATTERS UNDER ARTICLE 227 No. - 2990 of 2018 Petitioner :- Sadan Lal Respondent :- Additional District Judge And 2 Others Counsel for Petitioner :- Virendra Pratap Pal
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner.
Present writ petition has been filed seeking setting aside of the impugned recall dated 28.5.2016 passed by IInd Additional Judge, Small Causes Court, Kanpur Nagar in Original Suit No. 2084 of 2008, Sadan Lal Vs. Chhedi Lal as Misc. Case No. 55/74 of 2015 passed under Order 9 Rule 13 CPC. and to set aside the impugned revisional order dated 2.2.2018 passed by the Additional District Judge, Court No. 16, Kanpur Nagar in Civil Revision No. 141 of 2016, Sadan Lal Vs. Chhedi Lal filed as Annexure-8 to the writ petition. A further prayer seeking a direction to restore the judgment and order dated 21.5.2014 passed by IInd Additional Judge Small Causes Court, Kanpur Nagar in Original Suit No. 2084 of 2008, Sadan Lal Vs. Chhedi Lal has also been made.
By the order dated 28.5.2016 the application filed by the defendant under Order 9 Rule 13 CPC has been allowed. The revision filed against the same was dismissed.
Submission of learned counsel for the petitioner is that sufficient cause for his absence as required under Order 9 Rule 13 CPC has not been disclosed and that the stand taken by the defendant is contrary to the record as he has put signature on the order-sheet and he has willfully absented from the proceedings, therefore, the orders impugned are against the record and that there is always presumption as per Order 3 Rule 4 CPC that counsel was engaged by the party.
I have considered the submissions and have perused the record.
The ground taken by the defendant was that the proceedings were transferred to another Court and the provisions of Rule 89-A of the General Rules Civil were not followed.
In the interest of substantial justice I am not inclined to interfere in the orders impugned as liberal view should be adopted towards hearing of the matter for decision on merits.
Under such circumstances, without interfering in the orders impugned herein, in the facts and circumstances of the case as the suit is of the year 2008 the court below is directed to decide the aforesaid suit, as expeditiously as possible, in accordance with law, without granting any unnecessary adjournments and giving short dates provided there is no other legal impediment.
With the aforesaid observations, present writ petition stands disposed of.
Order Date :- 30.4.2018/p.s.