ABHISHEK SAHU Vs. CIVIL JUDGE

JUDGEMENT

(1.) This Special Appeal has been filed assailing the judgment of the learned Single Judge refusing to exercise powers for expediting the hearing of a civil Suit under Article 227 of the Constitution of India.

(2.) At the very outset, it will be apt to point out that such an Appeal would have been maintainable as per the original existing provisions of Special Appeals under Chapter VIII Rule 5, as was interpreted by the Full Bench of our Court in Aidal Singh and others Vs. Karan Singh and others, 1957 AIR(All) 414.

(3.) However, thereafter the provisions of Chapter VIII Rule 5 have been amended twice, one under the U.P. Act No.14 of 1962 read with Notification dated 6.11.1963 and again in the year 1981 under the Uttar Pradesh High Court (Abolition of Letters Patent Appeals and Amendments) Act, 1981 read with the Notification issued in this regard. This aspect relating to the amendment having been brought about has been discussed in detail in the Division Bench judgment of this Court in the case of Vajara Yojna Seed Farm, Kalyanur (M/S) and others Vs. Presiding Officer, Labour Court II, U.P. Kanpur and another, 2003 1 UPLBEC 496. The amendments have been discussed in paragraph Nos. 30 to 34 of the aforesaid reported decision.