Court No. - 26
Case :- MATTERS UNDER ARTICLE 227 No. - 3116 of 2019
Petitioner :- Sardar Joginder Singh
Respondent :- Add. Civil Judge And 4 Others
Counsel for Petitioner :- Bhuwan Raj,Kriti Singh,Vikas Singh
Hon'ble Saurabh Shyam Shamshery,J.
Ms. Kriti Singh, Advocate appearing on behalf of Shri Bhuwan Raj, learned counsel for the petitioner submits that the petitioner is defendant in suit no.36 of 2008 (Anil Kumar Jaiswal vs. Sardar Joginder Singh and another), which is still pending before the court of Civil Judge (Senior Division), Room No.12, Allahabad. It is further submitted that the suit was dismissed in default for non-prosecution on 13.2.2017, however, the same was restored on 19.3.2019. Learned counsel further submits that from the order sheet, annexed as Annexure No.1 to this petition, indicates that the suit has not proceeded much. Learned counsel lastly prayed that the suit may be decided at the earliest.
Considered the submissions made at Bar and perused the record.
In the light of the judgment passed by the Hon'ble Supreme Court in the matter of M/s Shiv Cotex vs. Tirgun Auto Plast P. Ltd and Others reported in (2011) 9 SCC 678, this writ petition is disposed of with the direction to learned court below to decide the aforesaid suit, expeditiously, preferably within a period of six months from the date of production of a certified copy of this order, without granting any unnecessary adjournment to either of the parties.
Order Date :- 25.4.2019 Rishabh