Court No. - 37
Case :- MATTERS UNDER ARTICLE 227 No. - 8038 of 2018 Petitioner :- Jagdish Shankar Mehrotra And Another Respondent :- Additional Judge Small Cause Court, Kanpur Nagar And Another Counsel for Petitioner :- Prakhar Tandon
Hon'ble Siddhartha Varma,J.
The prayer of the petitioners is that the SCC Suit No. 41 of 2011 (Shri Jagdish Shanker and another vs. Shri Kailash Nath) filed by him in the Court of the Judge Small Causes Court, Kanpur Nagar, which is pending since 2011 be decided expeditiously within a stipulated period of time.
In this regard, learned counsel for the petitioner relied upon 2011 (88) ALR 107 (Bharat Bhushan Chawada vs. A.D.J. Court No. 3, Jhansi and another), wherein, in paragraph 3, it has been stated JSCC suits ought to be decided within a period of six months. Learned counsel also relied upon 2002 (2) SCC 16 (Kedar Nath Vs. Mohan Lal Kesarwani and other) and submitted that a SCC Suit should be decided expeditiously. Since the learned counsel relied upon a certain portion of paragraph 6 of the above judgment and so the same is being reproduced here asunder:-
"The object behind establishing Small Cause Courts conferred with jurisdiction to try summarily such specified category of cases which need to be and are capable of being disposed of by adopting summary procedure of trial is to secure an expeditious disposal and to curtail the lengthy procedure of litigation."
It is, therefore, provided that SCC Suit No. 41 of 2011 shall be heard on a day to day basis and the hearing shall be completed within a period of four months from the date of presentation of a certified copy of this order, if there is no other legal impediment. No unnecessary adjournment shall be granted by the Court.
Accordingly, the writ petition is disposed of.
Order Date :- 26.10.2018 Ashish Pd.
(Siddhartha Varma,J.)