Petitioner sought a writ direction to expedite a pending civil suit. This Court, citing a Division Bench decision, declined to issue time-bound directions to trial courts to avoid additional workload during pendency of oldest cases. Petition dismissed.
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. - 399 of 2019
Petitioner :- Smt. Premsheela Rai Respondent :- State Of U.P. And Another Counsel for Petitioner :- Vijay Kumar Mishra Counsel for Respondent :- C.S.C.
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 Original Suit No. 5783 of 2017 ( Somari Devi Vs. Premsheela Rai & others ) pending before the Court of Civil Judge (Junior Division), Gorakhpur within stipulated period.
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 :- 22.2.2019 Himanshu
1 issue framed by the court
Whether a direction can be issued to the trial court to expedite the proceedings of a pending suit within a stipulated period?
Colour shows how this judgement treated each authority
Ali Shad Usmani & others Vs. Ali Isteba & othersReferred¶6
2015 (2) ADJ 250 (DB)
1 provisions across 1 enactments
Smt. Premsheela Rai
State Of U.P.
Sunita Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
