MOHAN LAL SHARMA Vs. SURAJ NARAYAN

JUDGEMENT

(1.) THE only prayer in the present petition is that the suit for eviction bearing No. 39/2003 (86/2012) titled as Mohan Lal vs. Suraj Narayan pending before Addl. Civil Judge (Jr. Division) No. 5, Jaipur Metropolitan, Jaipur (hereinafter 'the trial Court') be directed to be disposed of expeditiously. Counsel has submitted that the said suit is pending for the last over ten years and the plaintiff's evidence had been completed on 09.10.2012, He submits that since then the defendant on one count or another have avoided bringing their evidence on record and are stalling the suit by filing frivolous applications, last of which was filed on 09.01.2013 under Order 11 Rule 14 CPC. Counsel submits that even the said application had not been decided for the last about one year. Heard the counsel for the plaintiff and perused the petition.

(2.) IT is unfortunate that a suit for eviction has been kept pending for the last above ten years. The dockets in trial Courts are indeed crowded. It is also no doubt true that the parties to the suit have a right to move various applications as provided under the Code of Civil Procedure, 1908, if circumstances so warrant. That however, cannot be a licence for inordinate delay of disposal of an eviction petition. A right to exist has to be a right capable of being effectuated. Where there is a right to file a suit, there also obtains a concomitant right to have it decided within reasonable time.