Tirath Raj Maurya vs The Tehsildar, Tehsil (Anil Kumar ...
2022 Latest Caselaw 20923 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 11465 of 2022
 

 
Petitioner :- Tirath Raj Maurya
 
Respondent :- The Tehsildar, Tehsil (Anil Kumar Mishra) Burhanpur And 3 Others
 
Counsel for Petitioner :- Shashank Maurya,Panchu Ram Maurya
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Vivek Chaudhary,J.

Heard learned counsel for the petitioner and the learned Standing Counsel.

By the present petition, the petitioner has challenged the order dated 29.11.2013, passed by the learned Civil Judge (Junior Division), City, Azamgarh in Restoration Application No.62 of 2013 (Committee of Management Vs. Tirath Raj), whereby he has allowed the restoration application and the judgment and order dated 02.09.2022 passed in the civil revision whereby the order of the Trial Court is affirmed.

Learned counsel for the petitioner submits that the petitioner had sufficient knowledge with regard to the suit, therefore, the restoration application is wrongly allowed. The learned Trial Court has given a specific finding that service in the suit is through the publication and, therefore, the same cannot be treated to be sufficient. Even otherwise, both the Courts have held that the Supreme Court and the High Court have repeatedly held that the matter, as far as possible, should be decided on merits.

Hence no interference is required in the impugned order.

At this stage, learned counsel for the petitioner submits that the grievance of the petitioner would be substantially met in case the Original Suit No.1096 of 1999 (Tirath Raj Maurya Vs. Tehsildar and others) itself is decided.

In view of above, the Civil Judge (Junior Division), City, Azamgarh, is directed to proceed and decide the aforesaid original suit, as expeditiously as possible on day-to-day basis, without any unnecessary delay. He shall not fix a date in the matter of more than a week and the court shall not grant any unnecessary adjournment including the ground of strikes of the lawyers and also record reasons for granting any adjournment in the matter. The parties shall fully cooperate in early disposal of the case.

With the aforesaid observations, the petition is disposed of.

(Vivek Chaudhary,J.)

Order Date :- 13.12.2022

Arjun/-