In a writ petition under Article 227 seeking directions to expedite a pending civil suit, the High Court, relying on precedents, refused to issue such a direction as it alters the ordinary channel of justice and causes systemic delay for others.
Liberty to move an appropriate application before the court where the suit is pending.
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Neutral Citation No. - 2023:AHC:224521
Court No. - 44
Case :- MATTERS UNDER ARTICLE 227 No. - 11976 of 2023
Petitioner :- Pramod Kumar Singh Respondent :- Bhanu Pratap Singh And 4 Others Counsel for Petitioner :- Swatantra Singh,Manoj Kumar Singh
Hon'ble Ashutosh Srivastava,J.
Heard Shri Swatantra Singh, learned counsel for the petitioner.
Considering the nature of the order that is proposed to be passed the notice upon the respondent Nos. 1 to 6 is being dispensed with.
The instant petition under Article 227 of the Constitution of India has been instituted to direct the learned Civil Judge (Junior Division) Shahganj, Jaunpur to proceed with and decide the Original Suit No. 1367 of 2018 (Pramod Kumar Singh Vs. Bhanu Pratap Singh and others) pending before it, expeditiously, within a time frame fixed by the Court.
It is the case of the petitioner that he has filed a Civil Suit No. 1367 of 2018 (Pramod Kumar Singh Vs. Bhanu Pratap Singh and others), before the Civil Judge (Junior Division) Shahganj, Jaunpur, along with an Application 6-C, for permanent injunction against the respondent nos. 1 and 2 restraining them from cutting the tree, not to oust the house hold articles, not to take forcible possession and not to make any constructions over the property in dispute.
This Court has considered the submissions of the learned Counsel for the petitioner and has perused the records. From the perusal of the order sheet filed on record as Annexure -3 of the writ petition it is borne out that the suit has been adjourned several times.
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 hereunder:-
"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.
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 disability 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.
For these reasons, we are not inclined to entertain the petition. The petition is, accordingly, dismissed. There shall be no order as to cost."
An earlier Division Bench of this Court in the Case of Km. Shobha Bose V. Judge Small Causes & Ors. reported in 2011 (88) ALR 850 , has held that the power to direct expeditious disposal of Suit or any other Cases should be exercised sparingly in extra ordinary circumstances and not in a routine manner. Relevant portion of the judgment is extracted hereunder:-
passing any order for expeditious disposal. We are not oblivion of the fact that this Court does possess power to direct early disposal of the case but as often said more the power greater the responsibility. We are of the opinion that power to direct expeditious disposal of suit or for that matter any lis which, in sum and substance, means out of turn disposal is to be exercised sparingly in extraordinary circumstances and not in a routine manner. It is fit to be exercised only when the Court comes to the conclusion that delay would cause gross injustice. However, while deciding this issue, the Court would bear in mind that it does not cause injustice to other litigants, who are waiting for justice from before because the very nature of order delays cases filed earlier. It causes resentment and dissatisfaction to those who are waiting for justice from before. It should be exercised only when it comes to the notice of this Court that Judge in seisin of the case is purposely avoiding to dispose of the suit for any oblique motive, which may defeat the justice. An order for expeditious disposal in a routine manner can not be countenanced.
In view of the above, this Court is not inclined to grant the relief, as prayed for, at this stage.
With the above observations, the present petition is disposed of finally with liberty to the petitioner to move an appropriate application for expeditious disposal of the aforesaid pending case before the Court concerned and in case such an application is moved, the Court concerned shall pass appropriate orders expeditiously, in accordance with law.
Order Date :- 28.11.2023 Deepak/
Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad
3 issues framed by the court
Whether the High Court can direct the subordinate Civil Judge to expedite the disposal of a pending civil suit.
Whether a direction for out-of-turn hearing of a suit can be issued in routine circumstances.
Whether the petitioner is entitled to the relief of expeditious disposal of the suit immediately.
Colour shows how this judgement treated each authority
Ali Shad Usmani vs. Ali IstebaFollowed¶11
Ali Shad Usmani vs. Ali Isteba, 2015 (2) ADJ 250 (DB)
Km. Shobha Bose V. Judge Small Causes & Ors.Followed¶16
Km. Shobha Bose V. Judge Small Causes & Ors., 2011 (88) ALR 850
1 provisions across 1 enactments
Ashutosh Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
