The High Court in special leave or writ jurisdiction directed the Civil Judge, Deoria, to decide a suit for arrears of rent and filed within six months without adjournment, noting an eight-year delay.
Direction to the Trial Court to decide the suit within six months without unnecessary adjournments.
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Court No. - 26
Case :- MATTERS UNDER ARTICLE 227 No. - 3276 of 2018
Petitioner :- Arya Samaj Deoria Through Its Pradhan Raj Kumar Agrawal Respondent :- Ravindra Singh
Counsel for Petitioner :- Durga Tiwari
Hon'ble Mrs. Sangeeta Chandra,J.
This petition has been filed praying for a direction to the Civil Judge (Senior Division), Court No. 18, Deoria to decide the SCC Suit No. 1 of 2010 (Arya Samaj Vs. Ravindra Singh) within a stipulated time frame.
Learned counsel for the petitioner submits that the plaintiff / petitioner filed the aforesaid Suit for arrears of rent and eviction of the tenant and the said Suit was admitted for hearing on 15.2.2010 and notice was issued on several occasions to the defendant who did not appear.
Ultimately, service was effected through publication in the newspaper. Evidence of P.W. 1 has been examined by the learned Trial Court and even cross examination was completed / opportunity was closed by the Trial Court on 22.9.2016.
An application was filed by the defendant / tenant for recall of the order dated 22.9.2016 and the said Suit was allowed with a cost of Rs. 500/- and opportunity was again given to cross examine the P.W. 1 on 17.12.2016. Thereafter, the Trial Court has fixed sixteen dates for cross examination of P.W. 1, but the cross examination has not yet been completed.
I have perused the order sheet. The SCC Suit has been unnecessarily delayed and has been pending for eight years.
This Court therefore disposes of this petition with a direction to the learned Trial Court to decide the matter within a period of six months from the date a certified copy of this order is produced before him without giving any unnecessary adjournment to either side.
Order Date :- 9.5.2018
Arif
1 issue framed by the court
Whether the High Court should direct the Trial Court to decide the pending suit within a stipulated time frame to prevent further delay.
2 provisions across 2 enactments
Arya Samaj Deoria Through Its Pradhan Raj Kumar Agrawal
Ravindra Singh
Sangeeta Chandra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
