# (xviii) Disposal of applications for Succession certificates, grant of probate, grant of

- **Citation:** C.L. No. 17/VIIIb-37/Admn
- **Court:** Allahabad High Court
- **Decided:** 2004-09-16
- **Case number:** C.L. No. 17/VIIIb-37/Admn
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/xviii-disposal-of-applications-for-succession-certificates-grant-of-probate-163274
- **Pages:** 2

## Text

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(xviii) Disposal of applications for Succession certificates, grant of probate, grant of
Letters of Administration.
C.L. No. 17/VIIIb-37/Admn. G-2, dated 29th March, 1993

It has been brought to the notice of the Court that even uncontested applications
for succession certificate, grant of probate, grant of Letters of Administration remain
pending for months together and in some cases for years together. Sometimes they are
adjourned on account of the fact that there is boycott of of courts by the lawyers. This is
not a happy state of affair.

I am, therefore, directed to say that all the Presiding Officers under you be
informed that on such applications, if the petitioner is present, his statement should be
recorded by the Presiding Officer and the petition be disposed. He should also ensure that
uncontested cases do not remain pending for a long period.
(xix) Disposal of Election Petitions
C.L. No.21/ dated 26th April, 1996
I am directed to draw your attention to the fact that large numbers of Election
Petitions filed in the District Courts are pending and the Courts are not deciding these
petitions expeditiously. Delay in disposal of these Election Petitions is a matter of grave
concern.
The Court has desired that these petitions may be disposed of as early as possible.
I am, therefore, to request you kindly to direct the Court concerned in the
Judgeship to decide the Election Petitions expeditiously and report the compliance to the
Hon'ble Court.
(xx)
Disposal of Matrimonial Cases
C.L. No. 23/VIIh-44/Admn.(E) dated 1st March, 1994
I am directed to say that it was pointed out by the Chairman of U.P. Legal Aid
and Advice Board that institution of matrimonial cases is on increasing trend. Hence
speedy disposal of such cases is necessary whether these cases are decided on merit or by
making efforts for reconciliation. On his suggestion the matter was considered by the
Court and the Court has arrived at the conclusion that matrimonial cases are required to
be disposed of with more speed.
I am, therefore, to request you kindly to issue necessary instructions to all the
courts subordinate to you dealing with matrimonial cases, to make efforts to dispose of
these cases expeditiously.
(xxi) To observe caution while accepting insanity certificates in divorce
proceedings
C.L. No. 6/2005 Dated 5th February, 2005
I am directed to send herewith a copy of D.O. Letter No.CP/VIP/NCW3229,
dated September 16, 2004 of Dr. Poornima Advani, chairperson, National Commission
for Women, New Delhi along with a copy of the Investigation Report dated July 10,2004
for your information.
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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