The High Court issued directions to the Small Causes Court in Allahabad to decide a six-year-old pending eviction suit within six months to address administrative pendency.
Direction issued to decide the suit within six months from the date of receipt of certified copy of this order.
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Court No. - 26
Case :- MATTERS UNDER ARTICLE 227 No. - 3028 of 2018
Petitioner :- Rajeshwar Prasad Agarwal Respondent :- Additional Judge Small Causes Court And Another Counsel for Petitioner :- Ekansh Varma
Hon'ble Mrs. Sangeeta Chandra,J.
This petition has been filed with a prayer for issuance of a direction to the learned Additional Judge Small Causes Court, Allahabad to decide the Suit No. 50 of 2013 (Rajeshwar Prasad Agarwal vs Santosh Kumar) within a time period stipulated by this Court.
Learned counsel for the petitioner-landlord has submitted that the landlord had filed a SCC Suit for arrears of rent and eviction on 15.10.2013. Pleadings were completed and points for determination were also determined on 26.05.2014, thereafter the case has not been heard on merits at all. The examination of plaintiff's and defendant's witnesses have not even started because either the Court was vacant or the lawyers were on strike or adjournment was sought by the defendant.
Since, this matter is six years' old and there is already a direction of this Court on the Administrative side to reduce the "Five Plus Pendency" to Zero Pendency, a direction is issued to the learned Additional Judge Small Causes Court, Allahabad to decide the matter within six months from the date a certified copy of this order is produced before him, without giving any unnecessary adjournments to either of the parties.
This petition is disposed of.
Order Date :- 1.5.2018 Sazia
2 issues framed by the court
Whether a direction should be issued to the Additional Judge Small Causes Court, Allahabad, to decide a pending suit within six months.
How to address the delay in hearing a suit where pleadings are complete but hearing on merits has not commenced.
Rajeshwar Prasad Agarwal
Additional Judge Small Causes Court
Other
Sangeeta Chandra
As recorded by the court registry
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