Sumit Mangla vs Municipal Corporation and Others

L.N. Mittal, J.—Sumit Mangla has approached this Court by filing this revision petition under Article 227 of the Constitution of India seeking direction to the trial Court to expeditiously dispose of petitioner''s application filed under Order 1 Rule 10 of the CPC (in short, ''CPC) as well as application dated 31.10.2011 filed under Order 39 Rules 1 and 2 CPC by respondent No. 3 in civil suit titled Harish Matta and another versus Municipal Corporation, Ludhiana pending before learned Civil Judge (Junior Division), Ludhiana. Pursuant to order of the preceding date, report has been received from the trial Court wherein it has been stated that petitioner''s application under Order 1 Rule 10 CPC was dismissed in default vide order dated 16.03.2012 and application for restoration thereof was filed on 27.03.2012, which is pending consideration for 24.09.2012.

Having heard learned counsel for the petitioner and perused the file with his assistance, the instant revision petition is disposed of by directing the trial Court to decide the aforesaid restoration application of the petitioner in accordance with law as expeditiously as possible and preferably within two months from the date of receipt of certified copy of this order and then if application under Order 1 Rule 10 CPC is restored, to dispose of the same in accordance with law within next three months. However, application moved by respondent No. 3 under Order 39 Rules 1 and 2 CPC is stated to have since been disposed of by the trial Court on 06.09.2012 as submitted by counsel for the petitioner. Consequently, instant revision petition for expeditious disposal thereof has been Rendered Infructuous.