Court No. - 26
Case :- MATTERS UNDER ARTICLE 227 No. - 3112 of 2019 Petitioner :- Mohd. Hasim Respondent :- State Of U.P. And Another Counsel for Petitioner :- Kailash Nath Counsel for Respondent :- C.S.C.
Hon'ble Saurabh Shyam Shamshery,J.
Heard Shri Kailash Nath, learned counsel for the petitioner and learned Standing Counsel for the State.
Learned counsel for the petitioner submits that the petitioner has filed Original Suit No.547 of 2008, which is still pending before the Civil Judge (Junior Division) Shahganj, Jaunpur. On the basis of order sheet, which is annexed as Annexure No.2 to this petition, he further submits that the suit is at the stage of ex- parte arguments since 10.7.2009 and despite the suit was listed near about 70 dates the arguments have not been heard and the suit has been simply adjourned. He further submits that the speedy trial is one of the fundamental right of the petitioner, however, this case is a clear example where service has been violated. He has further relied upon a judgment passed by the Hon'ble Supreme Court in the matter of M/s. Shiv Cotex Versus Tirgun Auto Plast P. Ltd and others 2011 (89) ALR, 232, wherein in para 14, the Hon'ble Supreme Court specifically held that:
" 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."
Considered the submissions made at Bar and perused the record.
This writ petition is disposed of with the direction to learned court below to expedite the hearing and decide the aforesaid suit, expeditiously, preferably within a period of 30 days from the date of production of a certified copy of this order, without granting any unnecessary adjournment to either of the parties.
Order Date :- 25.4.2019 Rishabh