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Judgment
3 paragraphs · 211 wordsM.Y. Eqbal, J.—This application under Article 227 of the Constitution of India is directed against the order dated 2.8.2005 passed by the Munsif-1st Dhanbad, in Misc. Case No. 37 of 2005, whereby he has recalled the ex parte hearing order dated 5.1.2005 passed in Title (Eviction) Suit No. 32 of 1982.
From the aforesaid order it appears that the suit was only fixed for ex parte hearing for the first time on 5.1.2005. Neither the Court has proceeded ex parte hearing nor any ex parte decree has been passed as yet. The learned Munsif found that the summon or notice was not served upon the concerned defendant. In that view of the matter I am not inclined to interfere with the impugned order. This writ application is, accordingly dismissed.
However, this Court takes the matter very serious for the reasons that Title (Eviction) Suit of the year 1982 is still pending, although 23 years have already passed. The Court below is, therefore, directed to dispose of the eviction suit by passing a final judgment within four months from the date of production of a copy of this order. It is made clear that no adjournment shall be allowed to any of the parties unless in a very exceptional circumstance.