IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.373 of 2007 KEDAR NATH BHAGAT & ANR Versus SRI HIRDAY NARAYAN MANDAL ----------- 03/ 17.03.2010 A letter has been received from Munsif-I, Bhagalpur praying for extension of time granted vide order dated 31.07.2009 of this Court, by which the learned trial court was directed to dispose of Eviction Suit No.06 of 1993 within six months. It is stated that the said Munsif-I has joined at Bhagalpur on 15.12.2009 and the record of the case has been transferred to him on 08.01.2010 for the first time. Considering the facts and circumstances of the case, six months period granted vide order of this Court dated 31.07.2009 shall be counted from 08.01.2010 and hence the said Munsif-I, Bhagalpur must decide and dispose of the said eviction suit by 07.07.2010. It may be noted that non-appearance of the counsel for the parties or non-production of evidence cannot be a valid excuse for delay as there are sufficient provisions under the Code of Civil Procedure to thwart such attitude of the parties, which a Court has to follow in the ends of justice, specially when the suit is an eviction suit and had been filed seventeen years back i.e. in the year 1993. Failure to adopt the procedure prescribed in law can be deemed to be incompetence and/or dereliction of duty. In the said circumstances, the learned Munsif-I, Bhagalpur is directed to follow the aforesaid time schedule and dispose of the eviction suit positively by 07.07.2010. 2 Office is directed to send this order to the learned court below expeditiously and positively within one week. MPS/ ( S. N. Hussain, J. )