SMT. INDIRA AGRAWAL Vs. CIVIL JUDGE (SENIOR DIVISION), ALLAHABAD AND OTHERS
LAWS(ALL)-1998-10-88
HIGH COURT OF ALLAHABAD
Decided on October 16,1998

Indira Agrawal Appellant
VERSUS
Civil Judge (Senior Division), Allahabad And Others Respondents

JUDGEMENT

B.K. Roy and Kaladhar Shahi, JJ. - (1.) MR . B.D. Shukla, learned counsel appearing in support of this writ petition prays for a command to Respondent No. 1. Civil Judge (Senior Division), Allahabad to decide Suit No. 575 of 1996, as according to him even though the petitioner has closed her evidence time is being granted by him to respondent Nos. 2 to 4 herein for filing additional evidence. If respondent No. 1 has committed any jurisdictional error on allowing the prayer of the Respondents concerned and/or rejecting the prayer of the petitioner in that event her remedy is to file a civil revision and/or a writ petition against that order, if the order adjourning his suit is not case decided within the meaning of the Code of Civil Procedure. We, accordingly dismiss this writ petition, however, with a hope that respondent No. 1 will well appreciate the amended Order XVII of the Code of Civil Procedure, which has come in operation right from 1st February, 1997 and that the suit is also required to be heard on day -to -day basis.
(2.) THE office is directed to hand over a copy of this order, if possible, by tomorrow to Smt. Sarita Singh, learned standing counsel, for its communication to and follow up action of the observations made herein by respondent No. 1.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.