Court No. - 37
Case :- MATTERS UNDER ARTICLE 227 No. - 8133 of 2018
Petitioner :- Ramesh Chandra Kesarwani
Respondent :- Judge, Small Cause Court, Allahabad And Another
Counsel for Petitioner :- Rajesh Gupta
Hon'ble Siddhartha Varma,J.
The contention of the petitioner is that the SCC Suit No.37 of 2016 (Ramesh Chandra Kesarwani Vs. Mohd. Imran) which is pending since 2016 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 held that 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 aforementioned judgment, 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.37 of 2016 (Ramesh Chandra Kesarwani Vs. Mohd. Imran) shall be heard on a day to day basis and the hearing shall be completed within a period of six 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 :- 30.10.2018 GS
(Siddhartha Varma, J.)