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2025 DAILYLAW 58486 (ALL)

VISHAMBHAR DAYAL AND ANOTHER v. SATISH CHANDRA VERMA AND 11 OTHERS

A227/5318/2025 · 2025-05-21

Rohit Ranjan Agarwal

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:86372 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 5318 of 2025 Petitioner :- Vishambhar Dayal And Another Respondent :- Satish Chandra Verma And 11 Others Counsel for Petitioner :- Kuldeep Maurya,Munne Lal Hon'ble Rohit Ranjan Agarwal,J. This writ petition has been filed with the following prayer:- "a). Issue a direction directing the Learned Additional Civil Judge (S.D.), Court No. 6, Kanpur Nagar to decide Application (294 Ga2) under order 18 Rule 16 for Appointment of Advocate Commissioner to take Cross Examination of Dr. R. k. Mahendru, filed in O.S No. 1076 of 1990, Satish Chandra Verma Vs. Vishambhar Dayal And others expeditiously and preferably within a period of one Months or within stipulated period as may be deemed to be necessary under the facts and circumstances of the case." It is contended that in the Original Suit No.1076 of 1990, an application under Order XVIII Rule 16 CPC has been moved for the appointment of Advocate Commissioner to cross-examine one of the witnesses. The application is pending consideration and the sole prayer made in the writ petition is for expeditious disposal of the same. As no useful purpose would be served in keeping the matter pending, or calling for counter affidavit or issuing notice to the private respondents, the matter is being disposed of, at the admission stage, with a direction upon Additional Civil Judge (Senior Division), Court No.6, Kanpur Nagar, to decide the application (294 Ga2) filed under Order XVIII Rule 16 CPC in Original Suit No.1076 of 1990, after hearing all the concerned parties, strictly in accordance with law expeditiously preferably within a period of two months from the date of production of certified copy of this order. With the aforesaid direction, present writ petition stands disposed of. It is made clear that this Court has not adjudicated the case on merit. Order Date :- 22.5.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad