Heard learned counsel for the party.
Initially SCC Suit No.628 of 1978, Sewa Ram vs. Aziz was filed before Judge, Small Causes, Court Bareilly. For one reason or the other the plaint of the aforesaid suit was ordered to be returned for presentation before the civil court vide order dated 27.2.2007, whereupon the present Suit No. 70 of 2009 Sewa Ram vs. Aziz has been instituted.
The prayer made in this writ petition is for a direction for early disposal of the above suit. It is not possible to issue straight away direction for the early disposal of a suit which has been instituted afresh in the year 2009 in view of the decision of Division Bench of this court in the case of Km. Shobha Bose vs. Judge Small Causes and others 2010 (1) ADJ 531 (DB) wherein it has been observed as under-
"We are of the opinion that power to direct expeditious disposal of suit or for that matter any lis which, in sum and substance, means out of turn disposal is to be exercised sparingly in extraordinary circumstances and not in a routine manner. It is fit to be exercised only when the Court comes to the conclusion that delay would cause gross injustice. However, while deciding this issue, the Court would bear in mind that it does not cause injustice to other litigants, who are waiting for justice from before because the very nature of order delays cases filed earlier. It causes resentment and dissatisfaction to those who are waiting for justice from before. It should be exercised only when it comes to the notice of this Court that Judge in seisin of the case is purposely avoiding to dispose of the suit for any oblique motive, which may defeat the justice. An order for expeditious disposal in a routine manner cannot be countenanced."
However, looking to the fact that the suit was initially filed as far back in the year 1978 and has been reinstituted in 2003 the writ petition is disposed of with liberty to the petitioner to approach the court concerned with an application for its early disposal. In case such an application is moved the court below shall consider and pass appropriate orders and ensuring the speedy disposal of the suit in accordance with law.
With the above observation writ petition is disposed of.
Order Date :- 11.10.2010 piyush