Allahabad High Court
Ram Sharan vs Civil Judge (Senior Division) Mainpuri ... on 7 January, 2020
Author: Ajay Bhanot
Bench: Ajay Bhanot
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 83 Case :- MATTERS UNDER ARTICLE 227 No. - 29 of 2020 Petitioner :- Ram Sharan Respondent :- Civil Judge (Senior Division) Mainpuri And 13 Others Counsel for Petitioner :- Rajneesh Tripathi Hon'ble Ajay Bhanot,J.
The only prayer made by the learned counsel for the petitioner is to expedite the proceedings of Original Suit No. 555 of 2014 (Ram Saran and Others Vs. Kishan Pal and Others), pending before the learned Civil Judge (Senior Division), Mainpuri, and that the suit be decided within a stipulated period of time.
Shri Rajneesh Tripathi, learned counsel for the petitioner contends that the suit was instituted in the year 2014. The petitioner is the plaintiff in the suit. The petitioner is a senior citizen 70 years of old. He calls attention to the order-sheet to submit that the suit is being adjourned and a final decision is being inordinately delayed for no good reason.
Having heard the learned counsel for the petitioner and upon perusal of the order-sheet, this Court finds that the suit has been pending for more than 5 years. No good reason or valid basis in law can be prised out from the ordersheet for the inordinate delay in deciding the suit. No lis can remain pending indefinitely before a court of law. Indefinite pendency of a lis goes to the root of administration of justice. There is merit in the submission of the learned counsel for the petitioner.
In view of the preceding discussion the following directions are issued to the learned trial court/Civil Judge (Senior Division), Mainpuri, before whom the Original Suit No.555 of 2014 (Ram Saran and Others Vs. Kishan Pal and Others), is pending:
(I) The learned trial court/Civil Judge (Senior Division), Mainpuri, is directed to decide the Original Suit No.555 of 2014 (Ram Saran and Others Vs. Kishan Pal and Others), within a period of two years from the date of receipt of a certified copy of this order.
(II) The learned trial court/Civil Judge (Senior Division), Mainpuri, shall not grant any unnecessary adjournment to the parties.
(III) In case any adjournment is granted in the paramount interest of justice, the learned trial court/Civil Judge (Senior Division), Mainpuri, shall impose costs not below Rs. 5,000/- for each adjournment.
(IV) In case the counsel for any party does not appear before the learned trial court/Civil Judge (Senior Division), Mainpuri, on any date on the ground of strike of advocates, the trial court shall not permit such counsel (of either party) to appear in this case on future dates.
(V) The learned trial court/Civil Judge (Senior Division), Mainpuri, shall proceed with the trial on a day to day basis, if required, to ensure that the above stipulated time period of two years to decide the suit is adhered to.
With the aforesaid direction, the writ petition is finally disposed of.
Order Date :- 7.1.2020 Dhananjai