Court No. - 40
Case :- MATTERS UNDER ARTICLE 227 No. - 6316 of 2019 Petitioner :- Santosh Kumar Singh Respondent :- Chinta Singh Counsel for Petitioner :- Vivek Kumar Pandey
Hon'ble Manoj Kumar Gupta,J.
The District Judge, Ballia has submitted a report dated 25.9.2019 in compliance of the order dated 9.9.2019.
It is noteworthy that the instant petition was filed by the plaintiff-petitioner praying for expeditious disposal of Original Suit No. 861 of 2007.
On 22.8.2019, this court passed the following order:-
"A perusal of the order sheet reveals that on 5.4.2018, the trial court framed issues on basis of pleadings of the parties. Thereafter, various dates were fixed for recording of evidence. However, since 29.1.2019, dates are now being fixed for filing of written statement and for settlement of issues.
If the issues were framed on 5.4.2018, why now dates are being fixed for filing of written statement/settlement of issues, is not understandable.
The Registrar General shall obtain comments from the Presiding Officer concerned through the District Judge regarding the above.
Put up as fresh on 9.9.2019."
Thereafter, on 9.9.2019, this court after perusing the comments submitted by the In-charge Officer, directed the learned District Judge, Ballia to hold an enquiry as to how the concerned clerk in absence of the Presiding Officer, had himself written the order sheet and that too, which is in conflict with the previous order of the court.
The District Judge has referred to Rule 143 of General Rule (Civil) and Hon'ble Courts GL No. 16 of 77 dated 1.5.1929. I have perused said the Rule. I find that General Rule (Civil) no where authorizes the clerk to write any order on the other sheet, without the order being passed by the Presiding Officer. He could only fix date in the absence of Presiding Officer. In that event, signatures of the parties or their pleaders should have been obtained immediately as provided in GL No. 66/67 dated 1.5.1929.
The Registrar General is directed to communicate this order to the District Judge, Ballia so that appropriate instructions are issued by him to the court clerks in this regard.
The report of the District Judge further mentions that the mistake in the order recorded by the court clerk has now been corrected by the Presiding Officer and the case is posted for recording of evidence.
Accordingly, the instant petition is disposed of with direction to the trial court to make serious endeavour to decide the suit expeditiously, by fixing short dates and without granting unnecessary adjournments.
(Manoj Kumar Gupta,J.) Order Date :- 30.9.2019 Chandan