Disposed

Jawahar Lal v. Small Causes Court Varanasi and Another

Allahabad HC2 May 2018A227/3070/2018

Case brief

AI extract

What is this about?

In a writ petition under Article 227, the Court directed the Small Causes Court, Varanasi to finally decide a pending suit involving arrears of rent and eviction within eight months without unnecessary adjournments.

What did the court decide?

Directed the Small Causes Court to decide the suit within eight months of producing a certified copy of this order without unnecessary adjournments.

Jawahar Lal Vs Small Causes Court Varanasi… — Civil Procedure and Limitation | Allahabad HC (2018)

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Court No. - 26

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Case :- MATTERS UNDER ARTICLE 227 No. - 3070 of 2018

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Petitioner :- Jawahar Lal Respondent :- Small Causes Court Varanasi And Another Counsel for Petitioner :- Ankit Kapoor,Kalbe Abbas,Nikhil Srivastava

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Hon'ble Mrs. Sangeeta Chandra,J.

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This petition has been filed praying for a direction to the Court of Judge, Small Causes Court, Varanasi to decide the SCC Suit No. 24 of 2003: Jawahar Lal Versus Pullu Sonkar within stipulated time period as provided by this Court.

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Learned counsel for the petitioner submits that the petitioner-landlord filed SCC Suit for arrears of rent and eviction on 14.03.2015. Even written statement was not filed till 21.01.2016 and on 21.01.2016 the Judge, Small Causes Court directed the matter to proceed ex-parte. The order dated 21.01.2016 was recalled on an Application being made by the tenant-respondent on 19.04.2016. Written statement was filed thereafter and now evidence is being led, oral statement of the petitioner-landlord has been recorded but his cross-examination could not take place because the tenant-respondent has been repeatedly filing Applications for adjournments. For several times the time the Court was not in session.

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A copy of the order sheet has been filed which shows that on 18.04.2017 the Judge, Small Causes Court has also closed the opportunity for crossexamination of the petitioner-landlord and directed the matter to be listed for production of further evidence. Despite several dates being fixed thereafter the matter did not proceed on merit and ultimately, on 13.08.2017 the order closing the opportunity for cross-examination was also recalled on an Application made by the tenant-respondent.

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No effective hearing has taken place although the matter has been listed almost every month before the Judge, Small Causes Court.

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I have perused the order sheet. The delaying tactics adopted by the tenantrespondent are not appreciated.

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The learned Court below is directed to finally decide the matter within a period of eight months from the date of production of a certified copy of this order without giving unnecessary adjournment to either of the parties.

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The writ petition is disposed off.

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Order Date :- 2.5.2018 LBY

Jawahar Lal v. Small Causes Court Varanasi and Another

Case brief

What is this about?

What did the court decide?

Jawahar Lal v. Small Causes Court Varanasi and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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