IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (C ) No. 823 of 2009
Pradeep Dasgupta ... ... ... ... Petitioner
Versus
Pranab Kumar Dasgupta ... ... ... Respondent
------
CORAM: HON'BLE MR. JUSTICE SUSHIL HARKAULI
------
For the Petitioner: Mr. Sudhansu Kumar Deo
For the Respondent: None
------
03/01.12.2009
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 August, 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.
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.
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.
In view of the above, I am not inclined to fix any time
schedule. However, it is expected that the Court below will proceed
with the disposal of the suit in question, having regard to its
comparative age and urgency, like all other matters pending before
it, expeditiously without granting undue or unduly long
adjournment.
This writ petition is disposed of with the aforesaid directions.
(Sushil Harkauli, J.)
Sudhir/