Allahabad High Court
Chameli Devi vs Vidya Devi on 28 February, 2020
Author: Ajay Bhanot
Bench: Ajay Bhanot
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 3 Case :- MATTERS UNDER ARTICLE 227 No. - 1704 of 2020 Petitioner :- Chameli Devi Respondent :- Vidya Devi Counsel for Petitioner :- Ved Prakash Singh,Virpratap Singh Hon'ble Ajay Bhanot,J.
The suit of the petitioner, registered as Original Suit No. 107 of 2002 (Chamela Devi Vs. Vidya Devi), was dismissed for non prosecution on 14.05.2010. The petitioner instituted a restoration application which was registered as Misc. Case No. 08 of 2012 (Chamela Devi Vs. Vidya Devi).
The only prayer made by the learned counsel for the petitioner is that the application under Order IX Rule 4 C.P.C., registered as Misc. Case No. 08 of 2012 (Chamela Devi Vs. Vidya Devi), filed by the petitioner in Original Suit No. 107 of 2002 (Chamela Devi Vs. Vidya Devi), pending before the learned Additional Civil Judge (Junior Division)-I, Jaunpur, be decided within a stipulated period of time.
I see merit in the submission of the learned counsel for the petitioner that no good reason or valid basis in law can be prised out from the ordersheet for the inordinate delay in deciding the said application. No lis can remain pending indefinitely before a court of law. Indefinite pendency of a lis goes to the root of administration of justice.
The matter is remitted to the learned trial court / the learned Additional Civil Judge (Junior Division)-I, Jaunpur, before whom the Misc. Case No. 08 of 2012 (Chamela Devi Vs. Vidya Devi), filed by the petitioner in Original Suit No. 107 of 2002 (Chamela Devi Vs. Vidya Devi), is pending. The following measures shall facilitate the learned trial court / learned Additional Civil Judge (Junior Division)-I, Jaunpur, to dispose of the misc. case expeditiously:
(I) The learned trial court / the learned Additional Civil Judge (Junior Division)-I, Jaunpur, is directed to decide the Misc. Case No. 08 of 2012 (Chamela Devi Vs. Vidya Devi) under Order IX Rule 4 C.P.C., in Original Suit No. 107 of 2002 (Chamela Devi Vs. Vidya Devi), expeditiously preferably within a period of six months from the date of receipt of a certified copy of this order.
(II) The learned trial court / learned Additional Civil Judge (Junior Division)-I, Jaunpur, 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 / learned Additional Civil Judge (Junior Division)-I, Jaunpur, shall impose costs not below Rs. 2,000/- for each adjournment upon the party seeking adjournment.
(IV) In case the counsels abstain from work on account of strike calls, the learned trial court / learned Additional Civil Judge (Junior Division)-I, Jaunpur, shall proceed in the absence of such counsels and pass appropriate orders.
(V) The learned trial court / learned Additional Civil Judge (Junior Division)-I, Jaunpur, shall record the names of counsels who abstain from work pursuant to strike call before the learned trial court / learned Additional Civil Judge (Junior Division)-I, Jaunpur, and shall not permit such counsels to appear in this case on all future dates of hearing.
(VI) The learned trial court / learned Additional Civil Judge (Junior Division)-I, Jaunpur, shall, if required, proceed with the trial on a day to day basis to ensure that the above stipulated time period of deciding the Misc. Case No. 08 of 2012 (Chamela Devi Vs. Vidya Devi) preferably within six months is adhered to as far as possible.
With the aforesaid directions, the petition is finally disposed of.
Order Date :- 28.2.2020 Dhananjai