Allahabad High Court
Jyoti Singh @ Sonu vs Civil Judge (S.D.),Lakhimpur Kheri And ... on 30 September, 2019
Author: Manish Mathur
Bench: Manish Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 24 Case :- MISC. SINGLE No. - 26668 of 2019 Petitioner :- Jyoti Singh @ Sonu Respondent :- Civil Judge (S.D.),Lakhimpur Kheri And Ors. Counsel for Petitioner :- Satish Kumar Sharma Hon'ble Manish Mathur,J.
Heard Sri Satish Kumar Sharma, learned counsel for the petitioner. In view of the order proposed to be passed, notice to the opposite parties stand dispensed with.
The petitioner is seeking a direction to the Civil Judge (S.D.), Lakhimpur Kheri to decide Misc. Civil Suit No.1131/2017 (Manjeet Kaur v. Smt. Kusum and others) pending in the said court from the year 2017.
Learned counsel for the petitioner submits that subsequent to filing of the suit, plaintiff is not appearing continuously due to which opportunity for leading evidence to plaintiff has been closed. Despite the said fact the suit is not being decided leading to complications with regard to property in question.
With regard to the submissions made by learned counsel for defendant-petitioner, it is obvious that the court concerned is not helpless in passing appropriate orders pertaining to the suit proceedings. In case plaintiff is continuously absent on various dates, provisions of Code of Civil Procedure, 1908 specifically provide for passing of appropriate orders in such circumstances.
In view of the aforesaid fact, this Court is of the opinion that it would not be in the fitness of things to direct the court concerned to decide the suit within a specified time frame and the Court itself is empowered and competent to pass appropriate directions with regard to disposal of the court proceedings in case plaintiff continuously fails to be present on the dates fixed for which defendant-petitioner is granted liberty to file an appropriate application.
With the aforesaid observations, the petition stands dismissed.
Order Date :- 30.9.2019 kvg/-