MAHAVIR PRASAD Vs. SUKHDEV MONGLA AND ANOTHER

JUDGEMENT

(1.) Mr. K.G. Bhagat, Advocate, is present for the applicants/respondents. No one appears for the opposite side/Appellant although service of notice of this Miscellaneous Petition has been effected on Shri L.C. Goya], Advocate, who has endorsed that his client has refused to accept service.

(2.) Over two years ago on 11 Nov., 1986, this Court after carefully considering the matter before it, made an order indicating that the High Court ought to have disposed of the case before it after regular hearing and by a regular judgment, and in that view remanded the case to the High Court in order that the appeal may be disposed of on the merits after hearing both parties. While passing that order this Court also directed that the case should be heard at a very early date, and as far as possible within four months from the date this Court's order. It appears that the case was brought on to the daily Cause list by 26 April, 1987, but has not yet been taken up although a year and nine months have elapsed. This Court is ordinarily reluctant to interfere with the internal working of the High Court and the disposition of business before it, because that we think is a matter essentially for the Chief Justice and the Judges of the High Court. It is the more so because of the heavy pressure of work pending in most High Courts today. In this case, however, we find that it has not been possible yet for the Bench, before which the case has been listed for hearing to take up the case and dispose it of in compliance with the order of this Court. In the circumstances, it may be appropriate for the Bench concerned in the High Court to consider whether it should direct that the case be transferred to some other Bench, and the Chief Justice of the High Court to consider upon that whether the case should be placed before a Bench which has sufficient time to dispose of this case expeditiously, so that compliance may be made with this Courts order dated 11 Nov., 1986.

(3.) The Civil Miscellaneous Petition is disposed of accordingly.