Expeditious disposal of civil suits requires extraordinary urgency; routine requests cannot be prioritized without justifiable cause.

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 learned counsel for the petitioner, I have perused the records.

5. This petition has been filed arraying a dead person as respondent No.3 in this petition, who was defendant in the aforesaid suit and application for substitution on account of his death is still pending, therefore this petition has been filed against a dead person. The petitioner has also not filed the replication before the trial court till date for which the petitioner himself is seeking time before the trial court for the last ten months, therefore a litigant, who himself is not assisting the court for disposal of the case, cannot approach this court under Article 227 of the Constitution of India for a direction for expeditious disposal of the Suit and no direction can also be issued on his instance.

6. The petition has been filed for a direction to decide the Original Case No.925 of 2022; Laxmi Kant Versus Kamla Devi and others pending in the court of Civil Judge (Jr.Div.), Ambedkar Nagar within stipulated time, whereas this direction cannot be issued; firstly in a case of 2022 that too in the aforesaid facts and circumstances and also when there is huge pendency of cases before the courts. Secondly a direction for expeditious disposal of suit cannot be issued creating a separate class for deciding the Suit out of turn without any extraordinary urgency and sufficient cause. Therefore any such direction can be issued only with greatest care and circumspection because it will also amount to discrimination with most of the litigants, who cannot afford to move to this court, whereas their cases are pending since much prior to the suit of the petitioner and they may have greater urgency.

7. A Division Bench of this court, considering the issue in the case of Shobha Bose Versus Judge, Small Causes & Others; 2010(1) ADJ 531, has held that such a prayer made in routine manner cannot be granted without serious application of mind and it can be exercised for expeditious disposal in fairly extra ordinary circumstances and not in a routine manner. It is fit to be exercised only when the court comes to the conclusion that delay would cause gross injustice and while deciding this issue the court would bear in mind that it does not cause injustice to other litigants, who are waiting for justice from before because the very nature of order delays cases filed earlier. The Bench has also observed that it is common knowledge that direction of the nature, if granted, affects the working of the court and the Judges, in seisin of such cases, ordinarily remain occupied only in those cases in which directions have been given for expeditious disposal and cases filed earlier gets ignored as those litigating from earlier years have no resources to approach this court seeking expeditious disposal of the matter.