SHOBHA BOSE Vs. JUDGE SMALL CAUSES

JUDGEMENT

(1.) This writ petition has been filed for issuance of a direction to respondent No. 1 - Judge, Small Causes (Civil Judge (Senior Division) Allahabad, to decide finally Suit No. 484 of 2007 (Sarjeet Kumar Ghoshal and others v. Km. Shobha Bose and others) as also to respondent No. 2-Additional District Judge, Court No. 10, Allahabad to decide Civil Revision No. 257 of 2009 (Sarjeet Kumar Ghoshal and others v. Km. Shobha Bose and others) within a fixed time.

(2.) Mr. A.M. Lal, appearing on behalf of the petitioner, submits that because of delaying tactics adopted by the other side, aforesaid suit is not being disposed of expeditiously. It is further pointed out that in case the suit is not decided expeditiously, the petitioner who is an aged lady may not live long to see its result. It is not the case of the petitioner that cases instituted later on have been decided and for one reason or the other, the Judge in seisin of the case is purposely not disposing of her case.

(3.) The prayer made in this petition for expeditious disposal of the suit/revision, in sum and substance, is nothing but a prayer for out of turn hearing of the suit. We are unaware of the docket of the Judge, Small Causes Court in seisin of the matter. We also do not know that suits of earlier years in which old ladies figure, are pending or not. However, it is common knowledge that thousands of cases instituted earlier by persons more aged than the petitioner are unfortunately pending in the Court. It is systemic delay. It is further common knowledge that direction of the nature, if granted, affects the working of the Court and the Judges, in seisin of such cases, remain ordinarily occupied with only those cases in which directions have been given for expeditious disposal and cases filed earlier gets ignored as those litigating from earlier years have no resources to approach this Court seeking expeditious disposal of the matter. It is further common knowledge that many of the Judges, because of sheer number of such directions, are unable to carry out these directions and subjected to contempt proceedings and even personally directed to appear in such proceedings.