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IN THE HIGH COURT OF ALLAHABAD
ALOK MATHUR, J.
Ram Vishun – Appellant
Versus
Addl. Civil Judge, S.D. (Tvarita) Distt. Ambedkar Nagar And Others – Respondents
Matters Under Article 227 No. 2621 of 2024
Decided on : 27-05-2024
EXPEDITIOUS DISPOSAL - CIVIL PROCEDURE - The court addressed a petition under Article 227 of the Constitution of India for the expeditious disposal of a long-pending civil suit. The court emphasized the importance of timely justice and referred to its administrative directions for zero pendency of cases older than five years. While the court declined to issue further orders, it allowed the petitioner to file an application for urgency, ensuring that the trial court would consider it promptly if filed within the stipulated time.
Fact of the Case:
The petitioner sought the expeditious disposal of Regular Suit No. 387/2006, which had been pending since 2006, under Article 227 of the Constitution of India.
Finding of the Court:
The court noted that it had previously issued directions for the timely disposal of cases older than five years and was not inclined to pass further orders on the judicial side. However, it permitted the petitioner to file an application for urgent consideration.
Issues: Whether the court should intervene to expedite the disposal of a long-pending civil suit under Article 227 of the Constitution.
Ratio Decidendi: The court highlighted the significance of timely justice and the administrative directions already in place to reduce case pendency, indicating that it would not interfere unless there was a demonstrated urgency.
Final Decision: The petition was disposed of with directions allowing the petitioner to file an application for urgency, which the trial court must consider expeditiously.
JUDGMENT :
Hon'ble Alok Mathur, J.
1. Heard Sri Brijesh Kumar Verma, learned counsel for the petitioner.
2. In view of the proposed order notice to private respondents is dispensed with.
3. By means of the present petition under Article 227 of the Constitution of India a prayer has been made for expeditious disposal of Regular Suit No. 387/2006 (Sohan Vs. Ram Kishun & others), under Order 7 Rule 1 of C.P.C. for permanent injunction, pending before Addl. Civil Judge, S.D. (Tvarita), District -Ambedkar Nagar since 2006.
4. Learned counsel for the petitioner submits that grievance of the petition would be sufficiently met in case Addl. Civil Judge, S.D. (Tvarita), District -Ambedkar Nagar, considers and decides the aforesaid case in the time bound manner.
5. In this regard, it is noteworthy, that this Court on administrative side has already issued directions to the Courts below to obtain zero pendency of cases which are more than five years old. In view of directions already issued on administrative side, this Court is not inclined to pass any further order on judicial side. Hence, the prayer is rejected.
6. However, liberty is given to the petitioner to move appropriate application detailing urgency for expeditiously disposal of the suit before the trial court. In case, such application is moved within two weeks from today the trial court shall consider and decide the same expeditiously, say, within three weeks thereafter. In case, the trial court is prima facie satisfied that a case for urgency is made out it shall pass suitable order thereon.
7. With aforesaid observation and direction the petition stands disposed of.
AI
The court reinforced the principle of timely justice and the procedural framework for expediting the disposal of long-pending cases while allowing for judicial discretion in urgent matters.
Extraordinary circumstances must be established for a court to exercise its jurisdiction under Article 227 to expedite trial court proceedings.
Timely resolution of procedural matters is essential for the expeditious conduct of trials.
The main legal point established in the judgment is that the Trial Court should decide an application filed under Order VII Rule 11 CPC before proceeding with the trial, as emphasized by the Supreme ....
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