Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 5150 of 2018 Petitioner :- Devadhidev Mahadev Virajman And 3 Others Respondent :- Indra Raman Das And 09 Others Counsel for Petitioner :- Harish Chandra Singh,Anand Pal Singh
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the plaintiffs-applicants.
In view of the order, which is proposed to be passed today, notices need not go to the private respondents.
The petitioners are aggrieved with the order dated 21.4.2018 passed by the Civil Judge (Senior Division), Fast Track, Gorakhpur in impleadment application under Section 6 Rule 17 of C.P.C. filed in Suit No.128 of 2006 (Devadhidev Mahadev vs. Indra Raman Das and others).
The Court has proceeded to examine the record in question and finds that the trial court has proceeded to consider each and every aspect of the matter and is of the considered opinion that the respondent nos.11 to 14, who whom the petitioners tried to implead, are not necessary party and accordingly, the same was rejected. The Court below has recorded cotegorical findings of fact and unless these findings are shown perverse or contrary to record resulting in grave injustice to petitioners, in writ jurisdiction under Article 227, this Court exercising restricted and narrow jurisdiction would not be justified in interfering with the same. 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 petitioners prays that a direction be issued to the court below to decide the aforesaid suit 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 Suit No.128 of 2006 (Devadhidev Mahadev vs. Indra Raman Das and others) and conclude the same, in accordance with law, as expeditiously as possible and preferably within one year from the date of production of certified copy of this order, without granting unnecessary adjournment to either of the parties, except upon payment of cost.
Order Date :- 30.7.2018 RKP