Dismissed

Om Sharan Sahu v. Dwarka Prasad

Allahabad HC2 Dec 2021A227/6474/2021

Case brief

AI extract

What is this about?

The High Court, on a writ petition under Article 227 seeking early disposal of a civil suit by directing the Small Cause Court, dismissed the petition. The Court relied on a Division Bench precedent holding that issuing directives to subordinate courts for suit expeditions in writ petitions is inappropriate as it creates a preferential category for litigants.

What did the court decide?

The relief of issuing a direction for early disposal of S.C.C. Suit No.11 of 2018 was denied and the writ petition dismissed.

Om Sharan Sahu Vs Dwarka Prasad — Civil Procedure and Limitation | Allahabad HC (2021)

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Court No. - 4

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Case :- MATTERS UNDER ARTICLE 227 No. - 6474 of 2021

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Petitioner :- Om Sharan Sahu Respondent :- Dwarka Prasad Counsel for Petitioner :- Kripa Shankar Pandey

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Hon'ble Rohit Ranjan Agarwal,J.

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Heard learned counsel for the petitioner.

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This writ petition has been filed with the following prayer:-

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"A direction may be issued to the Judge Small Cause Court, Jhans to decide the S.C.C. Suit No.11 of 2018 (Om Sharan Sahu Vs. Dwarka Prasad) within specify period which this Hon'ble Court may deem fit proper."

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From the perusal of the record, it transpires that the prayer has been made for early disposal of S.C.C. Suit No.11 of 2018 pending in the court of Judge Small Cause Court, Jhansi.

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The Division Bench of this Court in case of Ali Shad Usmani vs. Ali Isteba, 2015 (2) ADJ 250 (DB) has held that no direction can be issued to the sub-ordinate courts for deciding the suit within stipulated period. Relevant portion of the judgment is extracted hereasunder:-

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"We are not inclined to issue a direction for the expeditious hearing of a Civil Suit which is pending before the Civil Judge (Junior Division), District-Azamgarh. It would be most inappropriate to Court to entertain a writ petition under Article 226 and/or under Article 227 of the Constitution simply for the purpose of expediting the hearing of a suit. Such orders, if granted, place a class of litigants, who move the court in a separate and preferential category whereas other cases which may be of similar or greater antiquity and urgency are left to be decided in the normal channel. Hence, any such direction may be issued with the greatest care and circumspection by the High Court otherwise the Civil Courts will be overburdened only with requests for expeditious disposal of suits, which have been expedited by the High Court. Most of the litigants cannot afford the expense of moving the High court and would not, therefore, be in a position to have the benefit of such an order.

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Ultimately, it must be left to the judicious exercise of discretion of the concerned Court to determine whether a ground for urgency has been made out. We emphasize that there may be other cases such as involving senior citizens, those who are differently abled or people suffering from a particular disablilty socio-economic or otherwise which may prime cause of urgent disposal. It is for the learned Trial Judge in each case to apply his or her mind and decide whether the hearing of the suit to be expedited.

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For these reasons, we are not inclined to entertain the petition. The

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petition is, accordingly, dismissed. There shall be no order as to cost."

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In view of the Division Bench judgment of this Court in the case of Ali Shad Usmani (supra) , this Court declines to grant the relief as prayed for.

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The writ petition is dismissed.

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Order Date :- 2.12.2021 Kushal

Om Sharan Sahu v. Dwarka Prasad

Case brief

What is this about?

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Om Sharan Sahu v. Dwarka Prasad

Case brief

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