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Allahabad High Court Issues Show Cause Notice To A Civil Judge For His Failure To Sign Order Sheet

Sparsh Upadhyay
11 Feb 2022 7:25 AM GMT
Allahabad High Court Issues Show Cause Notice To A Civil Judge For His Failure To Sign Order Sheet
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The Allahabad High Court on Tuesday issued a show casue notice to the Presiding Officer of the Court of Civil Judge (Junior Division), South, Lucknow, asking him as to why the disciplinary proceedings be not initiated against him for not signing the order sheet.The Bench of Justice Sangeeta Chandra directed the Civil Judge (Junior Division), South, Lucknow, Mr. Piyush Bharti to submit...

The Allahabad High Court on Tuesday issued a show casue notice to the Presiding Officer of the Court of Civil Judge (Junior Division), South, Lucknow, asking him as to why the disciplinary proceedings be not initiated against him for not signing the order sheet.

The Bench of Justice Sangeeta Chandra directed the Civil Judge (Junior Division), South, Lucknow, Mr. Piyush Bharti to submit his explanation by the next date of listing i.e. March 28, 2022.

The case in brief

Essentially, one Daya Agarwal (applicant/plaintiff) had filed a suit for permanent injunction against the respondent praying for restraining the defendant from interference in the peaceful possession of the plaintiff with respect to a property.

It was specifically prayed that the defendant be restrained from demolishing any part of the property in suit which would jeopardize the life of the plaintiff and her children.

The trial court issued notice to the defendant on the application for temporary injunction moved alongwith the said suit and a commission was issued. The commission report submitted before the trial court indicated that the roof of the property in question was being demolished with the help of labour employed by the defendant.

Since no ad-interim injunction was granted, and only notices were issued, the petitioner moved an application under Section 151 C.P.C. alongwith photographs of the demolition being undertaken by the defendant and it was prayed that the dates fixed for consideration of application for temporary injunction be preponed.

However, the trial court did not pass any order and directed keeping the application on file.

Hence, the petitioner moved the High Court praying for a direction to be issued to the trial court to decide the application moved by the petitioner under Order 39 Rule 1 CPC at the earliest, and in the meantime to direct the opposite party not to demolish the property in suit.

Court's order

At the outset, the Court perused the extracts of the order sheet as page 67 of the paper book and found that the trial court had even not cared to sign the order sheet continuously on four dates i.e. on 29.10.2021, 12.11.2021, 06.12.2021 and 03.01.2022.

Further, the Court noted that in the instant case, the property in question is being demolished by the defendant to the suit, during the pendency of the suit for permanent injunction. Therefore, granting the interim relief in the plea, the Court observed thus:

"In such cases the trial court should be cognizant of the fact that in the event the property in question is demolished, it would cause irreparable loss and damage to the plaintiff, who is living as a tenant therein. In such matters, it would be appropriate for the trial court to expeditiously consider the application for temporary injunction, more so, when the defendants have already appeared in the suit and filed their vakalatnama"

With this, the notice was issued to the opposite party no. 2 and the petitioner was directed to serve and file an affidavit within three weeks. Listing the matter on March 28, 2022, the Court directed that till the next date of listing Status quo as it exists today shall be maintained by the parties to the Suit.

Case title - Daya Agarwal v. The Court Of Civil Judge (Junior Division) Lucknow And Another

Click Here To Read/Download Order

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