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Judgment
6 paragraphs · 402 wordsC.S.Dias, J
The petitioner desires to get O.S.No.57/2021 on the file of the Court of Subordinate Judge, Tirur, to be disposed of out of turn.
The petitioner has averred in the original petition that he has filed the suit against the respondent, seeking realization of money. Even though the respondent has entered appearance through Counsel on 13.12.2021 and sought time for filing written statement, he has till date not filed the written statement. The court below is adjourning the suit from time to time for the written statement of the respondent. The petitioner is employed abroad. The adjournment of the suit is causing prejudice and hardship to the petitioner. Hence, the original petition.
The Code of Civil Procedure, 1908, provides the procedure to be followed by civil courts, right from the date of institution of a suit till its disposal.
The supervisory jurisdiction of this Court under Article 227 of the Constitution of India is to be exercised sparingly and in appropriate cases. The power under this Article casts a duty on this Court to keep subordinate Courts and Tribunals within their bounds of authority and see that they discharge their functions as per the mandate prescribed under law. But, that does not mean that this Court is to intermeddle with the proceedings before the subordinate courts on the mere asking of a party, at their whims and caprice.
Admittedly, Ext.P1 plaint was instituted only on 31.8.2021. The respondent has not filed his written statement. The suit is at a nascent stage. If the respondent has not filed his written statement, the Code of Civil Procedure contemplates the manner in which the situation is to be dealt with. But, that does not mean the petitioner is to be given an out of turn preference for the disposal of the suit. I do not assume for a moment that the court below will not follow the time lines laid down under the Code of Civil Procedure, 1908, to decide the suit in accordance with law, and as per its seniority. I do not find any ground or circumstance to exercise the extra ordinary supervisory powers of this Court as enshrined under Article 227 of the Constitution of India, to direct the court below to give the petitioner an out of turn preference and decide the suit in precedence to the older pending cases. The original petition is dismissed.