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Allahabad High Court directs judge to appear in person after noting his “habit of committing impropriety”

On October 17, the revision-applicant filed his reply to the objection and the matter was fixed for hearing on November 17.

However, the case was taken up by the judge on November 1, without assigning any special reason for recalling the file and further summoning the executing court’s order.

“How the case has been advanced by two weeks to pass the order is not reflected from the ordersheet. It is well settled that unless and until Section 5 application is allowed neither the appeal nor the revision can be held to be competent one,” the High Court said in its order.

It further noted that the judge in question was earlier hauled up for committing a similar mistake, but was shown leniency.

The Court thus directed the district judge to appear in person with all the original records of the defective case. It also stayed the two orders in question.

Source: Barandbench

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