Allahabad High Court
Smt. Savitri Devi @ Pavitri Devi And ... vs Civil Judge (Junior Division), Khaga, ... on 13 February, 2020
Author: Ajay Bhanot
Bench: Ajay Bhanot
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 3 Case :- MATTERS UNDER ARTICLE 227 No. - 1205 of 2020 Petitioner :- Smt. Savitri Devi @ Pavitri Devi And Another Respondent :- Civil Judge (Junior Division), Khaga, And 5 Others Counsel for Petitioner :- Ajai Kumar Singh,Vinod Kumar Patel Hon'ble Ajay Bhanot,J.
The only prayer made by the learned counsel for the petitioners is to expedite the proceedings of Suit No. 4 of 2011 (Savitri Devi @ Pavitri Devi and another Vs. Chandrakali Devi and others) pending before the learned Civil Judge (Junior Division), Khaga, Fatehpur, and that the suit be decided within a stipulated period of time.
Shri Ajai Kumar Singh, learned counsel for the petitioners contends that the suit was instituted in the year 2011. 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 petitioners and upon perusal of the order-sheet, this Court finds that the suit has been pending for more than 8 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.
In view of the preceding discussion, the matter is remitted to the learned trial court / the learned Civil Judge (Junior Division), Khaga, Fatehpur, before whom the Suit No. 4 of 2011 (Savitri Devi @ Pavitri Devi and another Vs. Chandrakali Devi and others), is pending to execute the following directions:
(I) The learned trial court / the learned Civil Judge (Junior Division), Khaga, Fatehpur, is directed to decide the Suit No. 4 of 2011 (Savitri Devi @ Pavitri Devi and another Vs. Chandrakali Devi and others), preferably within a period of two years from the date of receipt of a certified copy of this order.
(II) The learned trial court / the learned Civil Judge (Junior Division), Khaga, Fatehpur, 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 / the learned Civil Judge (Junior Division), Khaga, Fatehpur, shall impose costs not below Rs. 2,000/- for each adjournment upon the party seeking adjournment.
(IV) In case the counsel for any party does not appear before the learned trial court / the learned Civil Judge (Junior Division), Khaga, Fatehpur, on any date on the ground of strike of advocates, the learned trial court / the learned Civil Judge (Junior Division), Khaga, Fatehpur, shall not permit such counsel (of either party) to appear in this case on future dates.
(V) The learned trial court / the learned Civil Judge (Junior Division), Khaga, Fatehpur, shall make endeavours to decide the Suit No. 4 of 2011 (Savitri Devi @ Pavitri Devi and another Vs. Chandrakali Devi and others), as far as possible within a period of two years.
With the aforesaid direction, the petition is finally disposed of.
Order Date :- 13.2.2020 Dhananjai