Patna High Court - Orders
Shub Karan Bubna @ Shub Karan Prasad ... vs Sita Sharan Bubna & Ors on 15 January, 2009
Author: Mihir Kumar Jha
Bench: Mihir Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
C.R. No.2216 of 2008
SHUB KARAN BUBNA @ SHUB KARAN PRASAD BUBNA
Versus
SITA SHARAN BUBNA & ORS
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2. 15.1.2009Heard counsel for both the parties.
It is really one of those civil cases which would go to show the futility of the proceeding before the civil court. The partition suit came to be filed in the year 1960. The preliminary decree was passed on 12.3.1964. The appeal taken from the aforementioned final preliminary decree was also dismissed and the decree of the appellate court was prepared on 17.5.1974. Thereafter the plaintiff decree holder had filed an application for preparation of the final decree on 1.5.1987 in which the judgment debtor, the petitioner, had filed an application on 15.4.1991 seeking dismissal of the final decree proceedings on the ground of limitation. This application of 15.4.1991 has been disposed of after 17 years by the court below by the impugned order dated 18.10.2008.
While this Court would not find any error in the impugned order holding such final decree proceeding to be not barred by 2 limitation, this Court would definitely seek an explanation as to why the final decree proceeding of the year 1960 has been kept pending for last more than 20 years.
This Court would, therefore, direct the court below to take up hearing of the final decree proceeding on day to day basis and ensure that the same is finally and conclusively disposed of within a period of three months from the date of receipt/ production of a copy of this order.
At the same time the court below must submit his explanation as directed above.
With the aforementioned observation and direction, this application is disposed of.
(Mihir Kumar Jha,J.) Surendra/