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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Alok Kumar Verma, J.
Aman Garg - Appellant
Versus
Sankalp Negi - Respondent
Civil Revision No. 108 of 2022
Decided On : 07-12-2022
Civil Procedure - Order 15 Rule 5 - Court directs expedited decision in SCC Case
Fact of the Case:
The proposed Civil Revision was filed against the order rejecting the application under Order 15 Rule 5 of the Code of Civil Procedure, 1908.
Finding of the Court:
The court directed the concerned court to expedite the SCC Case and decide it within nine months.
Issues: Application under Order 15 Rule 5 of the Code of Civil Procedure, 1908
Ratio Decidendi: Expedited decision to be directed in appropriate cases
Final Decision: The Civil Revision No.108 of 2022 is disposed of accordingly at the stage of admission.
JUDGMENT
Alok Kumar Verma, J. - The present proposed Civil Revision has been filed against the order dated 19.10.2022, passed by the Judge, Small Cause Court/VIITH Additional District Judge, Dehradun in SCC Suit No.16 of 2022, 'Aman Garg vs. Sankalp Negi', by which, the learned Judge has rejected the application, filed by the proposed revisionist-plaintiff under Order 15 Rule 5 of the Code of Civil Procedure, 1908.
2. Heard Mr. Vikas Bahuguna, learned counsel for the proposed revisionist.
3. During the arguments, the learned counsel for the proposed revisionist-plaintiff submitted that the present civil revision may be decided by directing the court concerned to decide the said SCC Case within stipulated time.
4. This is an innocuous prayer.
5. In the facts and circumstances of the case, the court concerned is directed to expedite the said SCC Case and decide the same as expeditiously as possible, preferably, within a period of nine months from the date of receipt of certified copy of this order.
6. The Civil Revision No.108 of 2022 is disposed of accordingly at the stage of admission.
Courts may direct expedited decisions in appropriate cases under Order 15 Rule 5 of the Code of Civil Procedure, 1908.
The court can dispose of a case based on the parties' consent and undertakings.
The court's decision was based on the interpretation of Section 115 of the Code of Civil Procedure, 1908, and the arguments regarding the maintainability of the suit under Section 92 of the same code....
The court has the discretion to allow the condonation of delay in filing a revision and may impose conditions for the defendants to vacate the property by a specified date, subject to the regular pay....
The main legal point established in the judgment is the applicability of the Code of Civil Procedure, 1908 to a Small Cause Court (SCC) suit and the interpretation of relevant legal provisions, empha....
Civil Revision Petitions dismissed as infructuous due to prior decree; petitioner may invoke procedural grounds if aggrieved.
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