SAMBHU SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Shashi Nandan learned Senior Advocate assisted by Sri Bhaskar Mall. Sri Shashi Nandan, learned Senior Advocate submitted before this Court that the order regarding proceeding exparte is not correct though from the order-sheet, it appears that various adjournments have been sought. In such a situation he submitted that in the interest of justice, a last opportunity be given to the petitioner to argue the case on merits with an undertaking that he will not seek any further adjournment because the only order passed by the court is regarding proceeding exparte. No final judgment on the basis of the aforesaid order has been passed. In such circumstances taking into consideration the facts and submissions made by the petitioner and after hearing the learned counsel for the respondents and taking into consideration the fact that one of the parties should not be non-suited on the ground of 'no Opportunity', therefore, it is provided that in case petitioner pays Rs. Thirty Thousand as cost to respondent no. 2-landlord within a period of two weeks and after the said payment, respondent no. 2 will issue a receipt to that effect and a proof to that effect be placed before the Court, in that circumstances, the court below i. e. Judge Small Causes Court, Gorakhpur is directed to hear the matter finally after giving full opportunity to the petitioner on the basis of the relevant record treating the order proceeding exparte dated 1. 5. 2008 as an order in non- existence. It is further provided that due to the fact that the matter is being kept pending from 1995, therefore, day to day hearing be done and the case may be decided within six weeks from the date of production of certified copy of the order before him. Further, it is provided that no adjournment will be given to any of the parties unless and until there is some very special circumstance. If the amount as directed by this Court is not deposited within time specified, then it will be open to he court below to proceed accordingly treating the order dated 1. 5. 2008 in existence. The writ petition is disposed of accordingly with the aforesaid directions. .