High Court of Judicature at Allahabad
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Devaki Nandan Agarwal v. Radha Raman Lal Ji Virajman Mandir & Another - MATTERS UNDER ARTICLE 227 No. 626 of 2007  RD-AH 13474 (3 August 2007)
Hon. Janardan Sahai,J
The suit filed by the respondents was dismissed in default. The application for restoration filed by the respondents was dismissed by the trial court. The revision has been allowed by order dated 5.4.07. It appears that on earlier dates except for the dated 29.7.02 when the defendants' counsel was present the plaintiff and the defendants both had been absenting continuously and the trial court had passed an order that the case be put up on 1.11.02 for orders. On that date the parties were absent and the suit was dismissed in default. The ground given by the plaintiff respondent was that the plaintiff was under confusion that the proceedings had been stayed. The revisional court has observed that the suit was neither fixed for issues nor for evidence nor for hearing and has accepted the explanation. The order is a discretionary one. No ground for interference under Article 227 of the Constitution of India has been made out.. It is then prayed that the suit may be directed to be decided expeditiously and within a time bound period. In the circumstances the suit may be decided expeditiously and if possible within a year. Subject to this direction, the writ petition is dismissed.
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