ANUPAM VIJAY GUPTA ALIAS ANUPAM VIJAY v. KHURSHID AND ANOTHER
A227/805/2025 · 2025-01-24
Ajit Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 11346 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 11346 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:13213 Court No. - 4 Case :- MATTERS UNDER ARTICLE 227 No. - 805 of 2025 Petitioner :- Anupam Vijay Gupta Alias Anupam Vijay Respondent :- Khurshid And Another Counsel for Petitioner :- Ashish Agrawal Hon'ble Ajit Kumar,J.
1. Heard learned counsel for petitioner.
2. By means of this petition filed under Article 227 of the Constitution petitioner has prayed for expeditious disposal of SCC Suit No. 3 of 2019 pending before Judge Small Causes Court/ VI Additional District Judge, Bijnor.
3. It is submitted that after exchange of pleadings the suit is at the stage of recording of evidence of parties, however, opposite party has moved an application under Order VII Rule 11 CPC and, thereafter this miscellaneous application has also remained pending.
4. In view of the above, this petition stands disposed of with the direction to the trial court concerned to proceed to decide the miscellaneous application filed under Order VII Rule 11 CPC within a period of two months from the receipt of certified copy of this order after giving full opportunity of hearing to both the parties. Thereafter as per the fate of the application filed under
Order VII Rule 11 CPC the court concerned shall proceed to decide the suit on merits and evidence of plaintiff shall be recorded within two months and the evidence of defendant shall be recorded within further two months. Thereafter the trial court shall proceed to hear and decide the case within further period of two months.
5. However, it is clarified that for any justifiable reasons or unavoidable circumstances, the suit proceedings are not concluded within the specified period of time as directed herein above, such delay will itself ordinarily not bind the judicial officer personally liable for contempt under the Contempt of Courts Act, 1971.
Order Date :- 24.1.2025 Nadeem Digitally signed by :- NADEEM AHMAD High Court of Judicature at Allahabad