GANG SAHAI & ORS Vs. ADDL CIVIL JUDGE & ORS
LAWS(RAJ)-2011-11-184
HIGH COURT OF RAJASTHAN
Decided on November 21,2011

Gang Sahai And Ors Appellant
VERSUS
Addl Civil Judge And Ors Respondents

JUDGEMENT

- (1.) Pursuant to the order dated 18th November, 2011, Mr. Bhanu Kumar, Additional Civil Judge (Jr.Div.) NO.3 Jaipur District, Jaipur is present in person along with the file of Civil Suit No.398/93(5/1996).
(2.) Having perused the file of suit No.398/1993, it is noticed that after recording the evidence of both the parties, the case was listed for hearing final arguments for the first time on 1st November, 2004. Since then, it remained pending for hearing final arguments for years together. Thereafter, learned counsel for the defendants filed one application for taking the written statement of defence on record and the application was allowed vide order dated 1st January, 2006 subject to the cost of Rs.1,000/-. Learned counsel for the defendant failed to file written statement in time and numerous adjournments were granted for no reason. The case has still been pending for hearing final arguments on one application filed under Section 151 and 152 of CPC. These applications have also been pending for the last three years. There is no stay granted by this Court on the proceeding of suit. Despite that, the Presiding Officer of the Court has not taken any trouble to proceed with the suit. It is highly shocking that despite the case having been pending for hearing final argument, neither the arguments are being heard nor any satisfactory reason is found to have been recorded by the Presiding Officer and the case is being adjourned in routine sans assigning any cogent reason. That clearly tells upon the functioning of the Presiding Officer of the Court. It reflects that how careless and negligent the Presiding Officers have been with the trial of the suit.
(3.) I am told by Mr. Bhanu Kumar that he has taken over as Additional Civil Judge (Jr.Div.) NO.3, Jaipur District, Jaipur only on 20th August, 2011. Prior to his posting, Smt. Rubina Praveen Ansari was the Presiding Officer of the Court, who functioned approximately for a period of two and a half years. It is a matter to be probed into by the Registrar (Vigilance) of the High Court. The Registrar (Vigilance) should conduct an inquiry into the matter as to why the Presiding Officers of this Court did not endeavour to hear the final arguments in the suit for a long period of seven years.;


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