This petition challenging a delay in civil proceedings was dismissed. The Single Judge cited a Division Bench precedent holding that such directions are not ordinarily issued as they burden trial courts by interrupting their handling of older pending suits.
Direction to expedite the proceedings in Case No. 791 of 2013 was not granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 36
Case :- MATTERS UNDER ARTICLE 227 No. - 9312 of 2018
Petitioner :- Vinod Kumar Respondent :- Civil Judge And 2 Others Counsel for Petitioner :- Sanjay Pandey
Hon'ble Mrs. Sunita Agarwal,J.
The prayer made in the present petition is to issue a direction to the Court below to expedite the proceedings of Case No. 791 of 2013 (Vinod vs. Sudha) pending before the Court of Civil Judge (Junior Division), Shahganj, Jaunpur, within stipulated period.
Perused the order sheet.
A Division Bench of this Court in the case of Ali Shad Usmani & others Vs. Ali Isteba & others reported in 2015 (2) ADJ 250 (DB) has held that this Court shall not ordinarily issue direction to the trial court to decide the suit in a time bound manner as it creates additional work in the trial court when oldest suits are pending.
The present petition under Article 227 of the Constitution of India is dismissed .
Order Date :- 12.12.2018 Brijesh
2 issues framed by the court
Whether the High Court should issue a direction to expedite proceedings in a specific suit pending before the Civil Court.
Whether directing a trial court to decide a suit within a time-bound manner creates additional workload in the trial court.
Colour shows how this judgement treated each authority
Ali Shad Usmani & others Vs. Ali Isteba & othersDistinguished¶7
2015 (2) ADJ 250 (DB)
1 provisions across 1 enactments
Vinod Kumar
Civil Judge
2 Others
Sunita Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
