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Narain Constructions vs State of U.P.and Another

Allahabad High Court · Decided on 18 November 2002 · Citation: (2002) 11 AHC CK 0083

HON’BLE JUDGES
M.Katju, J and G.K.Gupta, J
RESULT
Allowed
CASE NUMBER
Writ Petition No. 1048 (M/B) of 2002
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Judgment

6 paragraphs · 373 words
1.

As prayed, one week time is allowed to file rejoinder affidavit. List thereafter.

2.

We may clarify that when we direct the case be listed after a week, or one week time is allowed to file rejoinder affidavit and the case is directed to be listed thereafter, it means that the case must necessarily be listed on the 8th day from the date of the order. The office has no discretion in the matter, and it will not be a correct interpretation to say that the office can list the case any time after a week because in that case the office can list it even after ten years. Several learned counsel have complained to us that cases are not listed despite the orders of the court merely because no specific date has been fixed. We, therefore, make it clear that if a case is ordered to be listed after three weeks, then it must be necessarily listed on the twentysecond day from the date of that order. Similarly, if the case is ordered to be listed after 2 weeks, or the court grants 2 weeks to file a counter affidavit, and the case is ordered to be listed thereafter, it means that the case must be listed on the 15th day from the date of that order.

3.

We may further clarify that if a specific date is fixed in a case, that case does not necessarily have priority over a case which has been ordered to be listed after a certain specific time for instance when a Court directs that the case be listed after two weeks, it means that case must be necessarily listed on the 15th day from the date of that order, and if some other case/cases have been specifically fixed on that date the latter will not necessarily have priority over the former.

4.

The Registry is warned that any violation of this order will amount to I contempt of Court, as it is a judicial order.

5.

This order will be communicated by the Office to every Hon''ble Judge of the Lucknow Bench, the President and Secretary of the Awadh Bar Association, Advocate General, Government Advocate and Chief Standing Counsel free of charges.

(Ordered accordingly)