Dismissed

Smt. Kusum Kali and 6 Others v. State of U.P. and 5 Others

Allahabad HC26 Nov 2021A227/6840/2021

Case brief

AI extract

What is this about?

In a writ petition under Article 227, the petitioner sought a direction to the Court of Judge Small Cases, Allahabad, to decide an original civil suit expeditiously. The Single Judge, relying on the Division Bench judgment in Ali Shad Usmani, declined the prayer, holding that such directions are generally inappropriate and should depend on the judicial discretion of the trial court.

What did the court decide?

Order declaring that High Court cannot issue direction for expeditious hearing of a suit; no order as to cost.

Smt. Kusum Kali and 6 Others Vs State of… — Civil Procedure and Limitation | Allahabad HC (2021)

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Court No. - 4

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Case :- MATTERS UNDER ARTICLE 227 No. - 6840 of 2021

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Petitioner :- Smt. Kusum Kali And 6 Others Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Ashish Dwivedi Counsel for Respondent :- C.S.C.

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Hon'ble Rohit Ranjan Agarwal,J.

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

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"(i) Issue a suitable order or direction to derect to court of judge small cases, Allahabad to decide the original Suit no. 10 of 2011 (Raja Ram Soni vs. Ram Baran @ Rama Soni & others) on its merit with in the stipulated period as may be fixed by this Hon'ble Court."

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From the perusal of the record, it transpires that the prayer has been made for early disposal of Original Suit no. 10 of 2011 (Raja Ram Soni vs. Ram Baran @ Rama Soni & others) pending in the court of Judge Small Causes, Allahabad.

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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

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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 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 petitions is dismissed.

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Order Date :- 26.11.2021 V.S.Singh

Smt. Kusum Kali and 6 Others v. State of U.P. and 5 Others

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Smt. Kusum Kali and 6 Others v. State of U.P. and 5 Others

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