ZUBER AHMAD AND ANOTHER v. LEARNED CIVIL JUDGE (JUNIOR DIVISION) MUSAFIRKHANA SULTANPUR AND 6 OTHERS
A227/5105/2025 · 2025-08-28
Jaspreet Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 160268 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 160268 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 5105 of 2025 Court No. - 7 HON'BLE JASPREET SINGH, J.
1. Heard Sri Aseem Pandey, Advocate holding brief of Sri Anjani Kumar Dvivedi, learned counsel for the petitioner.
2. In view of the order proposed to be passed, notice to private respondent no. 2 is hereby dispensed with.
3. By means of the instant petition, the petitioner seeks expeditious disposal of his application under Order 39 Rule 1 of C.P.C. filed in a suit bearing no. 192 of 2012.
4. Having considered the aforesaid submissions and from perusal of the extracts of the order-sheet which has been brought on record as Annexure No. 5, it reveals that though the objections to the application under Order 39 Rule 1 of C.P.C. as well as the written statements had been filed but thereafter, the trial Court is repeatedly fixing dates. There does not appear to be any cogent explanation as reflected from the order-sheet, as to why the issues could not be framed specially noticing that the suit is of the year 2012.
5. The copy of this order shall also be circulated to the District Judge concerned, who shall mentor the Court concerned to ensure that the Courts are not to fall prey of the delaying tactics of the litigants.
6. Once the written statements had been filed and the objections under Versus Counsel for Petitioner(s) : Anjani Kumar Dvivedi Counsel for Respondent(s) :
Zuber Ahmad And Another .....Petitioner(s) Learned Civil Judge (Junior Division) Musafirkhana Sultanpur And 6 Others .....Respondent(s)
Order 39 Rule 1 and 2 C.P.C. had been filed, it was always desirable for the trial Court to have considered and disposed of the said application.
7. Accordingly, this petition is disposed of with a direction to the trial Court to consider and decide the pending application under Order 39 Rule 1 and 2 C.P.C. on the next date itself or in case if the same is not possible then within two weeks thereafter.
8. It is made clear that the Court has not examined the case of either of the parties on merits and the Court concerned shall dispose of the said application in accordance with law. August 28, 2025 Anurag A227 No. 5105 of 2025 2 (Jaspreet Singh,J.) Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench