Matter under Article 227 regarding the expiry of limitation for a civil suit. The Court declined to issue a direction for expeditious disposal of the underlying suit, following the Division Bench precedent that such directions should not be granted.
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Neutral Citation No. - 2024:AHC:169033
Court No. - 9
Case :- MATTERS UNDER ARTICLE 227 No. - 10834 of 2024
Petitioner :- Anand Kumar Sinha Respondent :- Ramendra Kumar Sinha And Another Counsel for Petitioner :- Arunesh Kumar Singh
Hon'ble Rohit Ranjan Agarwal,J.
"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), DistrictAzamgarh. 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 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.
For these reasons, we are not inclined to entertain the petition. The petition is, accordingly, dismissed. There shall be no order as to cost."
Order Date :- 23.10.2024 SK Goswami
Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad
1 issue framed by the court
Whether the High Court can issue a direction to a subordinate court to decide a pending civil suit within a stipulated time.
Colour shows how this judgement treated each authority
Ali Shad Usmani vs. Ali IstebaFollowed¶8
Ali Shad Usmani vs. Ali Isteba, 2015 (2) ADJ 250 (DB)
Anand Kumar Sinha
Ramendra Kumar Sinha
Rohit Ranjan Agarwal
Shivakant Goswami
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
