The only prayer made by the learned counsel for the petitioner is to expedite the proceedings of Suit No. 1051 of 1996 (Radhey Mohan Vs Kalpnath) pending before the learned Civil Judge (Junior Division) Shahar, Jaunpur and that the suit be decided within a stipulated period of time.
Sri Sandeep Kumar Pathak, learned counsel for the petitioner contends that the suit was instituted in the year 1996. 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 petitioner and upon perusal of the order-sheet, this Court finds that the suit has been pending for more than 24 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.
There is merit in the submission of the learned counsel for the petitioner To show the bonafides the petitioner undertakes not to seek any adjournment in the suit proceedings.
In view of the preceding discussion, the following directions are issued to the learned trial court / Civil Judge (Junior Division) Shahar, Jaunpur, before whom the Suit No. 1051 of 1996 (Radhey Mohan Vs Kalpnath), is pending to execute the following directions:
(i) The learned trial court / Civil Judge (Junior Division) Shahar, Jaunpur, is directed to decide the Suit No. 1051 of 1996 (Radhey Mohan Vs Kalpnath), preferably within a period of one year from the date of receipt of a copy of this order downloaded from the official website of the High Court of Judicature at Allahabad. The computer generated copy of such order shall be self attested by the party concerned. The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
(ii) The learned trial court / Civil Judge (Junior Division) Shahar, Jaunpur shall hear all parties to the lis before passing any order.
(iii) All parties to the lis before the learned trial court / Civil Judge (Junior Division) Shahar, Jaunpur, are directed to cooperate with the proceedings.
(iv) In case the parties do not cooperate in the proceedings before the learned trial court / Civil Judge (Junior Division) Shahar, Jaunpur, or adopt dilatory tactics the learned trial court / Civil Judge (Junior Division) Shahar, Jaunpur, shall record a findings to this effect and proceed in accordance with law.
(v)The learned trial court / Civil Judge (Junior Division) Shahar, Jaunpur, shall not grant any unnecessary adjournment to the parties.
(vi) In case an adjournment is granted in the paramount interest of justice, the learned trial court / Civil Judge (Junior Division) Shahar, Jaunpur, shall impose costs not below Rs. 5,000/- for each adjournment upon the party seeking adjournment.
With the aforesaid direction, the writ petition is finally disposed of.
Order Date :- 17.2.2021 Pravin