Shri Ravi Chandra Vs Civil Judge Avar Khand… — Writ and Judicial Review | Allahabad HC (2024)

Shri Ravi Chandra Vs Civil Judge Avar Khand… — Writ and Judicial Review | Allahabad HC (2024)

What the court decided

AI extract

Outcome

Petition finally disposed of with directions to the learned Civil Judge (Avar Khand), Judicial Room No.29, District-Sultanpur to decide Case No.791 of 2003 (Suresh v. Haridwar) within one year; parties to cooperate; no unnecessary adjournments; costs not below Rs.5,000/- per adjournment against a dilatory party; counsel absent due to advocates' strike barred from future appearance; day-to-day trial if required.

Issue for consideration

Whether the High Court should direct the trial court to decide the long-pending suit, Case No.791 of 2003 (Suresh v. Haridwar), within a stipulated period of time.

Court's answer

No lis can remain pending indefinitely before a court of law; indefinite pendency of a lis goes to the root of administration of justice, and no good reason or valid basis in law for the 21-year pendency of the suit could be prised out from the order-sheet.

Ratio / Principle

The learned trial court/learned Civil Judge (Avar Khand), Judicial Room No.29, District-Sultanpur is directed to decide Case No.791 of 2003 (Suresh v. Haridwar) within a period of one year from the date of receipt of a certified copy of the order.

Key takeaways

If any party adopts dilatory tactics or creates impediments in compliance of the order, the trial court shall impose costs not below Rs.5,000/- for each adjournment against such party, record a finding to that effect, and proceed in accordance with law.ratio¶13
If counsel for any party does not appear on any date on the ground of strike of advocates, the trial court shall not permit such counsel (of either party) to appear in the case on future dates.ratio¶14
The trial court shall proceed with the trial on a day-to-day basis, if required, to ensure the stipulated one-year period to decide the suit is adhered to; no unnecessary adjournments are to be granted and all parties are to cooperate in the trial proceedings.

Detailed headnote1 paragraphs

Constitution of India, Article 227 — expeditious disposal — suit of 2003 (Case No.791 of 2003, Suresh v. Haridwar) pending over 21 years before the Civil Judge (Avar Khand), Judicial Room No.29, District-Sultanpur with no good reason or valid basis in law for the delay discernible from the order-sheet; held that no lis can remain pending indefinitely before a court of law and indefinite pendency goes to the root of administration of justice; trial court directed to decide the suit within one year of receipt of a certified copy of the order; parties directed to cooperate; no unnecessary adjournments to be granted; costs of not less than Rs.5,000/- per adjournment imposable on a party adopting dilatory tactics, with a recorded finding; counsel absent on account of advocates' strike not to be permitted to appear on future dates; trial on a day-to-day basis if required to meet the timeline; petition finally disposed of (Ajay Bhanot, J., Allahabad High Court, Lucknow Bench, order dated 20.8.2024).

Court No. - 20

Case :- MATTERS UNDER ARTICLE 227 No. - 3858 of 2024

Petitioner :- Shri Ravi Chandra Respondent :- Civil Judge Avar Khand Judicial Room No. 29 District Sultanpur And 7 Others Counsel for Petitioner :- Pramod Kumar Tiwari,Smt. Usha Tiwari Counsel for Respondent :- C.S.C.

Hon'ble Ajay Bhanot,J.

The only prayer made by the learned counsel for the petitioner is to decide the proceedings of the Case No.791 of 2003 (Suresh v. Haridwar, pending before the learned Civil Judge (Avar Khand), Judicial Room No.29, District-Sultanpur within a stipulated period of time.

Smt. Usha Tiwari, learned counsel for the petitioner contends that the suit was instituted in the year 2003.

Having heard the learned counsel for the petitioner and upon perusal of the order-sheet, this Court finds that the suit has been pending for more than 21 years. No good reason or valid basis in law can be prised out from the ordersheet for the inordinate delay in deciding the suit. No lis can remain pending indefinitely before a court of law. Indefinite pendency of a lis goes to the root of administration of justice. There is merit in the submission of the learned counsel for the petitioner.

In view of the preceding discussion, the following directions are issued to the learned trial court/learned Civil Judge (Avar Khand), Judicial Room No.29,

District-Sultanpur, before whom the Case No.791 of 2003 (Suresh v. Haridwar), is pending:

(I) The learned trial court/learned Civil Judge (Avar Khand), Judicial Room No.29, District-Sultanpur is directed to decide the Case No.791 of 2003 (Suresh v. Haridwar), within a period of one year from the date of receipt of a certified copy of this order.

(II) All parties are directed to cooperate in the trial proceedings.

(III) The learned trial court/learned Civil Judge (Avar Khand), Judicial Room No.29, District-Sultanpur shall not grant any unnecessary adjournment to the parties.

(IV) In case any party adopts dilatory tactics or creates impediment in compliance of this order, the learned trial court/learned Civil Judge (Avar Khand), Judicial Room No.29, District-Sultanpur, shall impose costs not below Rs.5,000/- for each adjournment against such party. Thereafter, the learned trial court shall record a finding to this effect and proceed in accordance with law.

(V) In case the counsel for any party does not appear before the learned trial court/learned Civil Judge (Avar Khand), Judicial Room No.29, District-Sultanpur, on any date on the ground of strike of advocates, the trial court shall not permit such counsel (of either party) to appear in this case on future dates.

(VI) The learned trial court/learned Civil Judge (Avar Khand), Judicial Room No.29, District-Sultanpur, shall proceed with the trial on a day to day basis, if required, to ensure that the above stipulated time period of one year to decide the suit is adhered to.

With the aforesaid directions, the petition is finally disposed of.

Order Date :- 20.8.2024 Ashish Tripathi

Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench