PRADEEP DASGUPTA Vs. PRANAB KUMAR DASGUPTA

JUDGEMENT

(1.) The petitioner is the plaintiff in an Eviction Suit based on title. According to the plaintiff, written statement has been filed by the defendant and thereafter there has been no progress in the suit which was instituted in Aug., 2008. This writ petition seeks a direction that the trial Court may be directed to decided the suit within a time schedule to be fixed by this Court.

(2.) Firstly, the suit is not unduly old. Secondly, this suit is not the only suit before the trial Court. No specific data has been given by the petitioner as to how many other cases are pending on the board of the trial Court, which may be older or which may be more urgent than the suit of the petitioner.

(3.) A misconception exists in the mind of some litigants that merely by filing a writ petition i.e. paying a Court fee, the litigant is entitled to have a time schedule fixed from the High Court for disposal of the civil suit. It would be inappropriate for the superior Court, without knowing about the board of the trial Court, to fix such time schedule thereby creating undue pressure upon the trial Court.