# ordinate judiciary. A letter in this regard, addressed to Hon'ble the chief Justice was received and I have been directed to circulate the same. Accordingly, a copy of the letter sent by Hon'ble Mr…

- **Citation:** C.L. No. 9 / 2004
- **Court:** Allahabad High Court
- **Decided:** 2004-03-29
- **Case number:** C.L. No. 9 / 2004
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/ordinate-judiciary-a-letter-in-this-regard-addressed-to-hon-ble-the-chief-163276
- **Pages:** 2

## Headnote

ordinate judiciary. A letter in this regard, addressed to Hon'ble the chief Justice was received and I have been directed to circulate the same. Accordingly, a copy of the letter sent by Hon'ble Mr. Justice M.Jagannadha Rao along with copy of the judgment given by Hon'ble the Supreme Court of India in Salem Advocates Bar Association Tamilnadu Vs. Union of India decided on October 25,2002 is being enclosed herewith for perusal with request to send your views as desired

## Text

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(xxii) Supply of copy of Judgment dated 5.3.2004 of the Hon`ble Court passed in

first Appeal No.247of 1997 Moradabad Development Authority vs. Shami

Ahmad and another.
C.L. No. 9 / 2004: Dated 29th March, 2004
I am directed to send herewith a copy of Judgment passed by Hon`ble Court
(Hon`ble M. Katju, J. and Hon`ble K.N. Ojha, J.) in first Appeal No. 247 of 1997 -
Moradabad Development Authority vs. Shami Ahmad and another for strict compliance
of the directions as contained therein.

It is further requested that the contents of the aforesaid judgment be
communicated to the judges hearing the Land acquisition references in your Judgeship.
(See for Judgment: 2004 A.L.J. 2197)
(xxiii) To ensure strict compliance of the directions passed in first Appeal no. 981 of
2002-Agra Development Authority Vs. State of U.P. connected with First
appeal No.979 of 2002, First Appeal no. 983 of 2002, first appeal No. 980 of
2002 and First Appeal No. 982 of 2002 by the Hon`ble Court.
C.L. No.10 / Admin. `G`/Dated: 29th march, 2004
 I am directed to send here with a copy of judgment passed in First Appeal no.
981 of 2002- Agra Development Authority vs. State of U.P. connected with first Appeal
no. 979 of 2002, First Appeal no. 983 of 2002,First Appeal No. 980 of 2002, and First
Appeal No. 982of 2002 with the request to kindly bring the contents of the judgment to
the notice of all the Judicial Officers hearing Land Acquisition References for strict
compliance and that collusive orders may lead to disciplinary action against the
concerned person and Judicial Officers.
(See for Judgment: 2004 A.L.J. 1853)
(xxiv) Circulation of the copy of judgment delivered by the Hon`ble Court in Civil
Revision No. 78 of 2004. Dr. Nanda Agarwal vs. Matri Mandir Varanasi and
another
C.L. No. 32/ 2004, Dated 24 September, 2004.

The Hon'ble Court (Hon`ble Anjani Kumar, J.) while deciding Civil Revision No.
78 of 2004. Dr. Nanda Agarwal vs. Matri Mandir Varanasi and another has observed with
concern that a Court trying a civil suit does not have any power to extend time for filing
the written statement beyond what is stipulated in Order VIII Rule 1 of the Code of Civil
Procedure.

It has further been observed by the Hon'ble Court that a failure to file written
statement as contemplated under Order VIII Rule 1, of C.P.C. entails the penalty on the
defendant that defendant cannot file written statement and the suit has to be decided even
in absence of written statement filed on behalf of defendant.

In this regard, I am directed to send herewith a copy of the Judgment dated
26.8.2004 delivered by Hon'ble Court in Civil Revision No. 78 of 2004. Dr. Nanda
Agarwal v. Matri Mandir Varanasi and another for your information and compliance of
210
the directions as contained therein with the request to kindly bring the contents of the
Judgment to all the concerned Judicial Officers working in your Judgeship.
(See for Judgment: 2005 A. L. J. 98)
C.L. No.225 P.S. (R.G.) /2002 : Dated: November 18th February, 2002.
Hon'ble the supreme court of India, while disposing of the petition challenging
the recent amendments made in Civil Procedure code has held that there is no
constitutional infirmity in the same, but at the same time has decided to constitute a
committee to ensure that the amendments made become effective and result in quicker
dispension of justice. That committee is headed by Hon'ble Mr. Justice N. Jagannadha
Rao, Chairman, Law Commission of India who has solicited the views of Members of the
Sub-ordinate judiciary. A letter in this regard, addressed to Hon'ble the chief Justice was
received and I have been directed to circulate the same.
Accordingly, a copy of the letter sent by Hon'ble Mr. Justice M.Jagannadha Rao
along with copy of the judgment given by Hon'ble the Supreme Court of India in Salem
Advocates Bar Association Tamilnadu Vs. Union of India decided on October
25,2002 is being enclosed herewith for perusal with request to send your views as desired
in the aforesaid letter.
(xxv) Compliance of directions laid down in the judgment dated 7.5.1996 of
Hon'ble the Supreme Court of India in civil appeal no. 7760-7761 of 1996
U.P. State Road Corporation and others vs. Trilok Chandra and others
C.L.No.35 Admin (G), Dated 19 July,1996
Hon'ble the Supreme Court while deciding the matter of U.P.State Road
Corporation vs.Trilok Chandra and others has issued directions that the said judgment
may be circulated to all the court/Tribunals subordinate to Hon'ble High Court of
judicature at Allahabad.
In compliance of the directions contained in the judgment a copy of order of
Hon'ble the Supreme Court is being enclose for strict compliance.
I am, therefore to request you to communicate the directions of the Hon'ble
Supreme Court to all the courts subordinate to Hon'ble the High court by circulating the
copy of the judgment for strict compliance.
(xxvi) The guidelines with regard to the representation of the parties litigating
before the family court through their counsel
C.L.No./20 Dated: 9th June, 1998
 Hon'ble court (Hon'ble Sri M.Katju and Hon'ble Sri.S.L. Saraf.JJ) in civil Misc.
Writ Petition No.48736 of 1997, Prabhat Narain Tickoo Vs.Smt. Mamta Tickoo and
others, has formulated, the guide lines with regard to the representation of the parties
litigating before the family Court through their counsel.
 I am desired to send the copy of the aforesaid judgment for information.