Court No. - 26
Case :- MATTERS UNDER ARTICLE 227 No. - 4100 of 2018 Petitioner :- Vijay Kumar Sharma Respondent :- Civil Judge (Sd) Court No-18 Deoria And Another Counsel for Petitioner :- Siddharth Nandan
Hon'ble Mrs. Sangeeta Chandra,J.
(ORAL) This petition has been filed by the petitioner praying for a direction to the learned Judge Small Causes Court, Deoria/ Civil Judge, (Senior Division), Court No. 18, Deorai to decide SCC Suit No. 80 of 2016 (Vijay Kumar Sharma vs Murtuza Ali) within a stipulated time period as prescribed by this Court.
It has been submitted by the learned counsel for the petitioner-landlord that the said suit was filed by him in September, 2016 for arrears of rent and for eviction of the tenant. The tenant refused to accept the notice, and therefore substituted service through publication was resorted to. Eventually, the learned Judge Small Causes Court directed the proceedings to be conducted ex-parte by its order dated 21.12.2016. Immediately thereafter, a Recall Application was moved by the tenant, which was allowed on 22.03.2017. The copy of the plaint was again provided to the tenant on the direction of the Court and for the past one year, several dates have been fixed for disposal of the application No. 20-Ga, which in fact is the application filed for obtaining the copy of the plaint. The application stood already disposed of on 19.07.2017 and the copy of the plaint was provided to the tenant.
Learned counsel for the petitioner submits that SCC Suit filed before the learned Judge Small Causes Court is a summary proceeding and ought to be decided expeditiously say within a period of six months from the date of its filing.
Learned counsel for the petitioner has referred to a judgment of Co-ordinate Bench of this Court rendered in Smt. Renubala vs Civil Judge (Senior Division), Court No. 1, Muzaffar Nagar and another, reported in 2011 (89) ALR 544, wherein this Court relying upon the provision of the Act itself has made such a direction.
Without entering into the merits of the case, this petition is disposed of with a direction to the learned Judge Small Causes Court to decided the SCC Suit pending since September, 2016 within a period of six months from the date a certified copy of this order is produced before the court concerned.
Order Date :- 30.5.2018 Sazia