Sudershan Mittal vs Judge, Small Cause Court and others

A.K. Yog, J.—This petition has been filed annexing copy of the order-sheet of the Judge Small Cause Courts Suit No. 55 of 1992 (Annexure-1 to the writ petition) praying for a writ of mandamus directing the respondent No. 1 to decide expedltiously the J.S.C.C. Suit No. 55 of 1992, Sudershan Mittal v. Satish Kumar and others, pending since 1992. Order-sheet dated 27.5.2000 that additional written statement has not been filed though this case has entered in the Millennium year. 2000. J.S.C.C. Suit is pending since last about 8 years.

In my opinion, it is a fit case where this Court is constrained to observe that by granting adjournment merely on asking by a party to whom such adjournment gives undue advantage reflects upon judicial approach and functioning of the Court. The purpose of filing suit under Provincial Small Cause Courts Act is to get the matter decided summarily. In this case, it is to be noted here that the J.S.C.C. Suit No. 55 of 1992 is hanging for last 8 years and it is still at the stage of filing additional written statement.

Let it be informed that the Courts are competent enough to arrest frivolous adjournments.

Let a writ of mandamus be issued directing the J.S.C.C. respondent No. 1 to decide the J.S.C.C. Suit No. 55 of 1992 expeditiously and not beyond six months from the date of receipt of certified copy of this order unless otherwise impossible.

Writ petition is allowed with the above observations.

No order as to costs.