GODA VENKATA RATNAM v. KATARU LAKSHUMMA ALIAS CHINNA AMMANAMMA
2020-01-27
G.SHYAM PRASAD
body2020
DigiLaw.ai
ORDER : 1. This Civil Revision Petition is filed seeking a direction to the trial Court to expedite the disposal of O.S. No. 26 of 2016 on the file of the Court of learned III Additional District Court, Kadapa at Rajampet. 2. Heard the learned counsel for petitioners and the learned counsel for respondent. 3. Learned counsel for the petitioners submits that the docket orders in O.S. No. 26 of 2016 on the file of the Court of III Additional District Court, Kadapa at Rajampet, dated 09.7.2019, 21.08.2019, 04.09.2019, 07.09.2019, 01.10.2019 & 21.10.2019, show that the trial Court imposed costs against the respondent/plaintiff for not proceeding with the matter. At last, on 21.10.2019, PW-1 filed her chief-affidavit, but defendant reported not ready and the matter was posted to 28.10.2019. Thereafter, on 28.10.2019, PW-1 was absent and did not turn up. As such, the petitioners/Defendants have filed the present revision petition to expedite the disposal of the suit in O.S. No. 26 of 2016 on the file of the Court of III Additional District Court, Kadapa at Rajampet. 4. The grievance of the petitioners is that the trial Court is not disposing the matter expeditiously in accordance with law. On 21.10.2019, PW-1 filed her chief-affidavit and the defendant reported not ready. Thereafter, PW-1 was absent and costs of Rs.200/-were imposed against her. The docket proceedings shows that PW-1 has been absent on previous occasions also and costs were imposed against her. Prima facie, it appears that the respondent/plaintiff is absent on 20.11.2019 and the Court has imposed costs of Rs.200/-. The docket orders did not show any reason for the absence of PW-1, simply showing that PW-1 was absent. 5. On consideration of the facts and circumstances, the present revision petition is filed only with a view to expedite the disposal of the matter by the trial Court. It is obvious that the trial Court has adjourned the matter several times by imposing costs to the respondent/plaintiff, but the respondent did not turn up trial in this case. 6. Since, the petitioners/defendants have come up for expeditious disposal of the suit, the trial Court is hereby directed to dispose the suit in O.S. No. 26 of 2016 expeditiously, by exercising the provisions under Order XVII, Rules 1 to 3 of Code of Civil Procedure,1908, strictly by avoiding giving unnecessary adjournments to the parties. 7.
6. Since, the petitioners/defendants have come up for expeditious disposal of the suit, the trial Court is hereby directed to dispose the suit in O.S. No. 26 of 2016 expeditiously, by exercising the provisions under Order XVII, Rules 1 to 3 of Code of Civil Procedure,1908, strictly by avoiding giving unnecessary adjournments to the parties. 7. It is needless to say that due to granting of unnecessary adjournments, the trial in the Civil Cases is being delayed. Therefore, all the trial Courts shall follow the procedure prescribed Under Order XVII, Rules 1 to 3 strictly in order to avoid unnecessary delay in the disposal of civil cases. 8. In view of the foregoing reason, Registry is directed to give necessary directions to all the Sub-ordinate Courts to follow Order XVII, Rules 1 to 3 CPC strictly to avoid unnecessary adjournments without any sufficient reason and also avoid imposing costs several times without proceeding further in the case, as it is causing lot of injustice to the other side party. 9. With the above direction, the Civil Revision Petition is disposed of. There shall be no order as to costs. 10. As a sequel, miscellaneous petitions pending, if any, in this petition shall stand closed.