DEEPAK TIWARI Vs. DISTRICT JUDGE, NAINITAL
HIGH COURT OF UTTARAKHAND (FROM: NAINITAL)
DISTRICT JUDGE, NAINITAL
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P.C.VERMA, J. -
(1.)THIS writ petition has been filed by the petitioners challenging the order passed by the District Judge by which
the learned District Judge has transferred the trial of the suit to the
Additional District Judge, from the court of Civil Judge (Senior
Division). The contention of the learned counsel for the petitioner is
that if the learned District Judge tries the suit, they will have to file
appeal the High Court and there is no notification by the High Court
conferring the powers to try the suit by the Additional District Judge
which can only be done by the issuance of a notification by the High
Court. It has been reported to this Court that there are two civil Judges
(Senior Division) in Nainital. Therefore, the order dated 8.2.2000 passed
by the District Judge, Nainital is set aside and it is directed that the
case be tried by another civil Judge. The learned counsel for the
petitioners submits that the trial of the suit may be expedited as the
evidence of the suit may be expedited as the evidence of the parties has
been concluded and the arguments have to be advanced. Therefore, it is
provided that in case the evidence of the parties has been concluded, the
Civil Judge (Senior Division) who shall try the suit shall complete the
trial within a period of two months from the date of production of a copy
of this order.
(2.)SUBJECT to above, the writ petition is disposed of.
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