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Janradan Singh v. State Of U.P. And Others - WRIT - C No. 34013 of 2007 [2007] RD-AH 13002 (27 July 2007)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon'ble Janardan Sahai, J

It appears that an order directing the suit to proceed exparte against respondent no.4 (defendant no.11) was passed on 6.11.1992, in this suit which is of the year 1991. An application for setting aside the order dated 6.11.1992 was filed by respondent no.4 after 11 years on 2.7.2003 alleging that earlier he had filed an application to set aside  the same order dated 6.11.1992 in the year 1993 itself and that application was allowed by the court below and the written statement  filed by him  had also been taken on record and that subsequently he was appearing and had also cross examined the witnesses in 2001 but the earlier application and the order allowing the application as well as the written statement are missing from the file. The trial court did not believe respondent no.4 and rejected his application. Against that order a revision was filed  which has been allowed. The finding of fact is that the case of respondent no.4 appears to be true as in fact he has been appearing in the case from the year 2001.

The only prayer pressed by the counsel for the petitioner is that the suit is of the year 1991 and the trial court may be directed to dispose of the suit expeditiously within a time bound period.

In the facts and circumstances this writ petition is disposed of with the direction that the trial court shall   endeavor for the disposal of the suit with utmost expedition and if possible within a period of four months from the date a certified copy of this order is filed before the trial court.

Dt. 27.7.2007



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