Patna High Court - Orders
Vijay Kumar vs Narendra Kumar Gupta on 24 March, 2011
IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.14653 of 2010
VIJAY KUMAR
Versus
NARENDRA KUMAR GUPTA
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2. 24.03.2011Heard learned counsel for the petitioner and the sole respondent.
The petitioner is the defendant in Eviction Suit No. 15 of 1995 aggrieved by the order dated 30.4.2010 passed by Additional Munsif VII, Siwan debarring him from filing additional written statement.
The amendment of the plaint was allowed on 17.1.2000. The petitioner was permitted to file additional written statement in pursuance thereof which he did not do leading to final orders debarring him on 28.2.2001. He slept over the matter till he filed the recall petition on 12.3.2010.
Considering that the matter is one for eviction pending since 1995 and the petitioner has no explanation for this long and inordinate delay of nearly 9 years in having questioned the order debarring him, the Court is not persuaded to interfere so as to give him an advantage for his own laches.
The eviction suit being of the year 1995, 2 let the trial Court endeavour to conclude the trial within one year from the date of receipt/production of a copy of this order without unnecessary adjournment to either party in the matter.
The application is dismissed.
P. Kumar ( Navin Sinha, J.)