AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
6 paragraphs · 372 wordsC.S.Dias, J
The petitioner desires to get O.S.No.181/2021 on the file of the Court of the Munsiff, Thodupuzha, to be disposed of out of turn.
The petitioner has averred in the original petition that, it has filed Ext.P1 plaint, against the respondent, seeking a decree of eviction. Even though the suit was posted for the written statement of the respondent, the suit is being adjourned from time to time. The Court below has not disposed of the suit as contemplated under the Code of Civil Procedure. Hence, the petitioner seeks for out of turn disposal of the suit.
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 filed only on 23.10.2021. The respondent has not even filed his written statement. The suit is only at a nascent stage. Therefore, I am of the view that the petitioner cannot get an out of turn preference to get Ext.P1 disposed of expeditiously. Nonetheless, 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 an unwarranted litigation and is dismissed at the threshold.