Santosh Maurya vs Smt. Rajni Devi
2013 Latest Caselaw 1393 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 
Case :- Civil Misc. Writ Petition No. - 1172 of 2013
 
(under Article 227 of the Constitution of India)
 
Petitioner :- Santosh Maurya
 
Respondent :- Smt. Rajni Devi
 
Petitioner Counsel :- Akhtar Ali
 

 

 
Hon'ble Sibghat Ullah Khan,J.

The first prayer made through this writ petition is that proceedings of Suit No.20 of 2012, Smt. Rajni Devi Vs. Santosh Maurya pending before Civil Judge (J.D.), Jaunpur may be directed to be quashed. The second prayer is that the said suit may be directed to be decided expeditiously. As far as prayer of expeditious disposal of the suit is concerned, it cannot be accepted as the suit has been filed hardly one year before. In respect of maintainability of the suit, the argument of learned counsel for the petitioner is that earlier for the same relief plaintiff respondent had filed O.S. No.324 of 2011 against the petitioner husband which was dismissed in default of the plaintiff on 03.01.2012 after recording the presence of defendant's counsel, hence second suit is not maintainable. Let this point be raised. If this question is raised and an issue is framed to that effect, then petitioner may make a prayer before the court below for decision of the said issue as preliminary issue.

With the above observation, writ petition is disposed of.

Order Date :- 26.04.2013

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