Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 6017 of 2018 Petitioner :- Champa Devi Respondent :- Ashok Kumar And 8 Others Counsel for Petitioner :- Mohan Tiwari
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the plaintiff-petitioner.
In view of the order, which is proposed to be passed today, notices need not go to the private respondents.
The petitioner is before this Court assailing the impugned order dated 28.7.2018 passed by the Special Judge, SC/ST Act, Deoria in Misc. Civil Appeal No.01/2017 (Ashok and others vs. Champa).
Record in question reflects that the plaintiff-petitioner filed Original Suit No.2157 of 2003 (Smt. Champa Devi vs. Ashok and others) and the same was decreed by the Civil Judge (Junior Division), Court No.10, Deoria on 26.3.2018. The defendant-respondents filed an appeal registered as Civil Appeal No.65 of 2008 before the District Judge, Deoria assailing the aforesaid judgement and decree. Learned lower appellate Court had dismissed the aforesaid appeal in default on 18.3.2013. The restoration/recall application was filed by the defendants on 20.4.2013 stating therein that the son of the defendant is mentally retarded and he had gone to Varanasi for his treatment on 20.3.2013 and the same was rejected on 1.3.2014. Again on 7.1.2017 the defendants filed the restoration application before the Special Judge, SC/ST Act, Deoria assailing the order dated 1.3.2014 and the same has been allowed by the impugned order dated 28.7.2018 with cost of Rs.3500/-.
The Court has proceeded to examine the record in question and finds that once by the impugned order dated 28.7.2018 the lower appellate court has allowed the restoration application and the aforesaid appeal has been restored to its original number, then this Court is of the considered opinion that the court below is competent to deal with all the trivial issues. There is no occasion or reason for this Court to assail the validity of the impugned order under Article 227 of Constitution of India. In supervisory jurisdiction of this Court over subordinate Courts, the scope of judicial review is very limited and narrow. It is not to correct the errors in the orders of the court below but to remove manifest and patent errors of law and jurisdiction without acting as an appellate authority. The Court finds no justification warranting interference with the order impugned in this writ petition.
Once the Court has declined to interfere with the impugned order, then learned counsel for the petitioner prays that a direction may be issued to the court below to decide the aforesaid appeal within stipulated time.
The Hon'ble Supreme Court in M/s Shiv Cotex Versus Tirgun Auto Plast P. Ltd and others, 2011 (89) ALR 232, has made the following observations:-
" It is high time that courts become sensitive to delays in justice delivery system and realize that adjournments do dent the efficacy of judicial process and if this menace is not controlled adequately, the litigant public may lose faith in the system sooner than later. The Courts, particularly Trial Courts, must ensure that on every date of hearing, effective progress takes place in the suit."
Considering the above, this petition stands disposed of with the direction upon the Court concerned to expedite the proceeding of pending Misc. Civil Appeal No.01/2017 (Ashok and others vs. Champa) and conclude the same in accordance with law without granting unnecessary adjournment to either of the parties, except upon payment of cost.
Order Date :- 24.8.2018 RKP