Case pending in a lower court cannot be forwarded to another court till the decision taken by the lower court

Ram Naresh Singh Vs. Lal Singh And Another (Allahabad High Court) – Assessment of giving precedence to cases on the facts and circumstances involved is better judged by the Court where the matter is pending so that there can be uniformity in disposal of cases by the Court below without giving precedence to a case which is not more urgent over other urgent cases. Such assessment can be made by the Court concerned and, therefore, it would be appropriate that the petitioner should file an appropriate application before the Court concerned in the case itself praying for expeditious disposal and give reasons for the same.

It is for the Court below to consider such application and the reasons given therein for being given precedence over the other older cases and pass an order in accordance with law. It goes without saying that in cases where the statute provides for a time frame to decide the proceeding the Court below should make endeavour to keep time.

HIGH COURT OF ALLAHABAD

Court No. – 28

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