Dismissed

Chandra Kant Singh v. Vijay Kumar @ Babloo and 6 Others

Allahabad HC18 Nov 2024A227/14395/2024

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition under Article 227 seeking a direction for the expeditious disposal of a pending civil suit, relying on a Division Bench precedent that such directions disrupt normal judicial channels and place petitioners in a preferential category.

What did the court decide?

Petitioner's prayer for direction to decide the pending suit expeditiously was not granted.

Chandra Kant Singh vs Vijay Kumar @ Babloo… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:180225

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Court No. - 9

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Case :- MATTERS UNDER ARTICLE 227 No. - 14395 of 2024

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Petitioner :- Chandra Kant Singh Respondent :- Vijay Kumar @ Babloo And 6 Others Counsel for Petitioner :- Hari Om Shukla,Shreesh Bahadur Tripathi

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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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"issue an order or direction to the Additional Civil Judge (Senior Division), Court No.6, District- Kanpur Nagar to consider and decide the pending Original Suit No. 801 of 2021 "Chandra Kant Singh vs. Vijay Kumar @ Babloo & Ors." filed by the petitioner as expeditiously as possible within time period as fixed by this Hon'ble Court, in the interest of justice."

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From the perusal of the record, it transpires that the petitioner has prayed for early disposal of Original Suit No.801 of 2021, pending before the court concerned.

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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), 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.

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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 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 :- 18.11.2024 Kushal

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Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad

Chandra Kant Singh v. Vijay Kumar @ Babloo and 6 Others

Case brief

What is this about?

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Chandra Kant Singh v. Vijay Kumar @ Babloo and 6 Others

Case brief

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What did the court decide?

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