JAGDISH PRASAD Vs. DROPADI BAI

JUDGEMENT

(1.) 'Procedural Impropriety' is the echo of this petitioner under Art. 227 of the Constitution of India.

(2.) PROCEEDINGS manifest a woeful state. Petitioner (respondent in appeal) obtained eviction decree on bonafide need in terms of S. 12(1) (e) of the Madhya Pradesh Accommodation Control Act, 1961 after protracted trial lasting 5 years on 20.9.90 and is now lugged in appeal waiting to hear the appellate verdict. The suit was filed in 1985 (new number 272 -N90). Decree was passed on 20.9.90. The appeal was filed on 11.2.91. It was admitted for final hearing on 15.4.91: After several dates, learned appellate Judge, adjourned the Case on 6.4.94 on cost of Rs. 100/ - as last chance with further adjournments on 26.4.94,24.6.94,5.8.94, 11.8.94, and lastly on 23.8.94 for 26.9.94. On 11.8.94 the Court again adjourned the appeal as last chance with observation that the request for adjournment was not proper. Learned appellate Judge (III Addl. Judge to be Court of District Judge, Indore Shri Nanor) seems to be in no hurry to hear the matter and sees no fault in adjourning it despite warning of last chance.

(3.) YET the learned appellate Judge, exhibitied no concern to prevent the erosion and preserve the faith. There is no point of merit in knowing what is right and still doing what is wrong. This Court has to tell all concerned to spurn such proclivity.