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

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

APHIGH COURT 

CRP NO.7/2020

GODA VENKATA RATNAM
Versus
KATARU LAKSHUMMA ALIAS CHINNA AMMANAMMA

IN THE HIGH COURT OF ANDHRA PRADESH AT

AMARAVATI

****

CIVIL REVISION PETITION No.7 of 2020

Between:

Goda Venkata Ratnam and others ….Petitioners.

And

Kataru Lakshumma @ Chinna Ammanamma….Respondent

HON’BLE SRI JUSTICE G.SHYAM PRASAD

CIVIL REVISION PETITION No.07 of 2020

Dated : 27.01.2020

DATE OF ORDER PRONOUNCED : 27.01.2020

SUBMITTED FOR APPROVAL:

THE HON’BLE SRI JUSTICE G.SHYAM PRASAD

1. Whether Reporters of Local Newspapers may be allowed to see the order? Yes/No

2. Whether the copy of order may be marked to Law Reporters/Journals? Yes/No

3. Whether His Lordship wish to see the fair copy of the order? Yes/No

______________________________

 JUSTICE G. SHYAM PRASAD 

* THE HON’BLE SRI JUSTICE G.SHYAM PRASAD

 24.01.2020

# Between:

Goda Venkata Ratnam and others….Petitioners.

And

Kataru Lakshumma @ Chinna Ammanamma….Respondent

! Counsel for the Petitioners : Sri P.Vivek

^ Counsel for the Respondent : NIL

< Gist:

> Head Note:

? Cases referred:

Nil

This court made the following : THE HON’BLE SRI JUSTICE G.SHYAM PRASAD

CIVIL REVISION PETITION No.07 of 2020

ORDER :

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, P.W.1 filed her

chief-affidavit, but defendant reported not ready and the matter

was posted to 28.10.2019. Thereafter, on 28.10.2019, P.W.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, P.W.1 filed her chief-affidavit and the defendant

reported not ready. Thereafter, P.W.1 was absent and costs of

Rs.200/- were imposed against her. The docket proceedings shows

that P.W.1 has been absent on previous occasions also and costs 

2

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 P.W.1, simply showing that P.W.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. 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 

3

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.

 As a sequel, miscellaneous petitions pending, if any, in this

petition shall stand closed.

______________________

G.SHYAM PRASAD, J

Dated : 27.01.2020