Back
RAJNISH KUMAR
Laxmi Kant – Appellant
Versus
Civil Judge Junior Division Ambedkar Nagar – Respondent
JUDGMENT :
Rajnish Kumar, J.
Shri Raj Karan Singh, learned counsel for the petitioner submits that the petitioner has filed Regular Suit No.925 of 2022; Laxmi Kant Versus Kamla Devi and others for cancellation of Gift Deed made by the respondent No.3 in favour of respondent No.2, which has not been disposed of till date, therefore a direction may be issued for disposal of the said Suit expeditiously within a time bound manner.
2. Perusal of the order sheet, placed on record indicates that the written statement was filed on 02.02.2023 and since 11.04.2023 the case is being fixed for filing replication by the petitioner, but till date the same has not been filed. As admitted by learned counsel for the petitioner, the respondent No.3 has died, therefore he has moved an application for substitution, a copy of which has been placed on record as annexure No.3 to this petition, which has still not been disposed of.
3. On a query being put, learned counsel for the petitioner also failed to indicate any urgency in the matter. He only states that the case is pending for the last one year, therefore a direction may be issued for early disposal of the case.
4. Having considered the submissions of l
Expeditious disposal of civil suits requires extraordinary urgency; routine requests cannot be prioritized without justifiable cause.
Directions for expeditious disposal should be sparingly exercised in extraordinary circumstances and not in a routine manner.
The practical difficulties faced by the lower court and the petitioner's lack of diligence can justify delay in the disposal of a case despite directions for expeditious disposal.
The court cannot direct subordinate courts to expedite civil suits, emphasizing judicial discretion in determining urgency.
Court cannot entertain writ petition under Article 226 and/or under Article 227 of Constitution simply for the purpose of expediting hearing of a suit.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
