Court No. - 11 Case :- MISC. SINGLE No. - 421 of 2010 Petitioner :- Asha Ram And Ors. Respondent :- District Judge Barabanki And Ors. Petitioner Counsel :- Arvind K.Verma Respondent Counsel :- C.S.C. Hon'ble Anil Kumar,J.
Notices on behalf of respondent nos. 1 and 2 have been
accepted by learned Standing Counsel.
Issue notice to respondent no.3 returnable at an early date.
In the case of M/S R.N. Jadi and Brothers & others Vs.
Subhash Chandra reported in [2007(25) LCD 1494] it has
been held that:-
“All the rules of procedure are the handmaid of justice. The
language employed by the draftsman of processual law may
be liberal or stringent, but the fact remains that the object of
prescribing procedure is to advance the cause of justice. In
an adversarial system, no party should ordinarily be denied
the opportunity of participating in the process of justice
dispensation. Unless compelled by express and specific
language of the Statute, the provisions of the CPC or any
order procedural enactment ought not to be construed in a
manner which would leave the court helpless to meet
extraordinary situations in the ends of justice.”
In view of the above said facts, till the next date of listing,
further proceedings in Regular Suit No.36 of 2004 pending
before the Additional Civil Judge (Senior Division), Court
No.23, Barabanki shall remain stayed.
Order Date :- 29.1.2010