Allahabad High Court
VISHWABANDHU GUPTAversusAJAY KUMAR SINGH
- Decided
- Disposal
- Disposed off/Decided on merits
- Bench
- Y K SRIVASTAVA
Holding
The High Court directed the Additional District Judge (Small Cause Court), Gorakhpur to decide the suit expeditiously, preferably within six months, and to avoid unnecessary adjournments.
Summary
The petitioner, Vishwabandhu Gupta, filed a petition under Article 227 of the Constitution seeking a direction to the Additional District Judge (Small Cause Court), Gorakhpur, to expedite the hearing of SCC Suit No.4 of 2023. The petitioner, claiming to be the landlord in the suit, alleged that despite several dates being fixed since the suit was instituted on 10‑April‑2023, the matter kept being adjourned, causing undue hardship. The High Court examined whether it could, under its supervisory jurisdiction, order the lower court to dispose of the case within a reasonable time and limit unnecessary adjournments. The Court observed that the lower court should endeavour to decide the suit expeditiously, preferably within six months of the order, provided no legal impediment exists. Accordingly, the petition was disposed with a direction to the Additional District Judge to avoid unnecessary adjournments and to conclude the suit within the stipulated period.
Issues considered
- Whether the High Court can, under Article 227, direct the Additional District Judge (Small Cause Court) to expedite the hearing and disposal of a pending suit?
- Whether the High Court can impose a time‑frame and restrict unnecessary adjournments in the lower court proceedings?
Subjects
- Article 227
- supervisory jurisdiction
- adjournment
- expedited trial
- small cause court
- civil procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 11776 of 2026
Vishwabandhu Gupta
.....Petitioner(s)
Versus
Ajay Kumar Singh
.....Respondent(s)
Counsel for Petitioner(s) : Pankaj Dubey, Rishu Mishra, Smriti
Singh
Counsel for Respondent(s) :
Court No. - 35
HON'BLE DR. YOGENDRA KUMAR SRIVASTAVA, J.
Heard Ms Shatakshi Shukla, holding brief of Sri Pankaj Dubey, learned counsel for
the petitioner.
Present petition has been filed, seeking a direction to the Additional District Judge
(Small Cause Court), Gorakhpur to expedite the hearing of SCC Suit No.4 of 2023
(Vishwabandhu Gupta vs. Ajay Kumar Singh), within a stipulated time period.
Petitioner has asserted himself to be the landlord, plaintiff in the pending suit.
Counsel for the petitioner has referred to the 'order-sheet' of the case a copy whereof
has been appended to the petition, to point out that the proceedings were instituted on
10.4.2023 and, thereafter though several dates have been fixed, but the matter is being
adjourned for some reason or the other. The delay in disposal of the case is causing
undue hardship to the petitioner.
Accordingly, a direction is sought to decide the case expeditiously.
Having regard to the aforesaid, the petition is disposed of with an observation that the
Additional District Judge (Small Cause Court), Gorakhpur, would make an endeavor
to decide the aforesaid case, in accordance with law, expeditiously preferably within a
period of six months from the date of presentation of a certified copy of this order,
without granting any unnecessary adjournments to either of the parties, provided there
is no other legal impediment.
(Dr. Yogendra Kumar Srivastava,J.)
September 8, 2026
RKK/-
Digitally signed by :-
RAJ KUMAR KANNAUJIA
High Court of Judicature at Allahabad
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