9911796707
TMI Blog2011 (7) TMI 1305X X X X Extracts X X X X X X X X Extracts X X X X ..... rates total non-application of mind. In order to curb uncalled for and frivolous litigation, the courts have to ensure that there is no incentive or motive for uncalled for litigation. It is a matter of common experience that court s otherwise scarce and valuable time is consumed or more appropriately wasted in a large number of uncalled for cases. It is also a matter of common experience that once an ad interim injunction is granted, the plaintiff or the petitioner would make all efforts to ensure that injunction continues indefinitely. The other appropriate order can be to limit the life of the ex-parte injunction or stay order for a week or so because in such cases the usual tendency of unnecessarily prolonging the matters by the plaintiffs or the petitioners after obtaining ex-parte injunction orders or stay orders may not find encouragement. We have to dispel the common impression that a party by obtaining an injunction based on even false averments and forged documents will tire out the true owner and ultimately the true owner will have to give up to the wrongdoer his legitimate profit. It is also a matter of common experience that to achieve clandestine objects, false ple ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ease Deed was executed in his favour on 31.10.1964. 7. On humane considerations of shelter, Ram Parshad allowed his three younger brothers Madan Lal, Krishan Gopal and Manohar Lal to reside with him in the house. On 16.11.1977, these three younger brothers filed a Civil Suit No.993 of 1977 in the High Court of Delhi claiming that this Lajpat Nagar property belonged to a joint Hindu Family and sought partition of the property on that basis. 8. The suit was dismissed by a judgment dated 18.01.1982 by the learned Single Judge of the High Court of Delhi. The appellants (younger brothers) of Ram Parshad, aggrieved by the said judgment preferred a Regular First Appeal (Original Side) 4 of 1982 which was admitted to hearing on 09.03.1982. During the pendency of the appeal, Ram Parshad on 15.01.1992 filed a suit against his three younger brothers for mandatory injunction to remove them and for recovery of mesne profits. In 1984 Ram Parshad sold western half (No.61) to an outsider. That matter is no longer in dispute. 9. The first appeal filed by the other three younger brothers of Ram Parshad against Ram Parshad was dismissed on 09.11.2000. Against the concurrent findings of bot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t property by adverse possession and the case was fixed up for recording of the evidence. According to the learned Amicus Curiae, the court before framing Issue Number 7 and retaining the other issues, ought to have recorded the statement of defendants under Order 10 Rule 2 of the Code of the Civil Procedure (for short, CPC) and then re-cast the issues as would have been appropriate on the pleadings of the parties as they would survive after the decision in the previous litigation. 14. According to the learned Amicus Curiae, the practice of mechanically framing the issues needs to be discouraged. Framing of issues is an important exercise. Utmost care and attention is required to be bestowed by the judicial officers/judges at the time of framing of issues. According to Dr. Arun Mohan, twenty minutes spent at that time would have saved several years in court proceedings. 15. In the suit, on 6.11.2004 the application seeking transfer of the suit from that court was filed which was dismissed by the learned District Judge on 22.3.2005. The trial commenced on 22.11.2004, adjournment was sought and was granted against costs. The plaintiffs evidence was concluded on 10.2.2005. 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reating these points as preliminary issues and also relates to deferring the settlement of other issues. But there is no such case. Entire evidence has been led, the matter is at the stage of final arguments and the point raised does not relate to the point pertaining to Sub Rule 2. Neither it relates to bar created by any law nor the jurisdiction of the court to entertain the suit. It is averments made in the plaint. Contention of the applicant for treating the issue as preliminary issue is against the spirit of law as referred in Order 20 Rule 5 and Order 14 Rule 5 CPC. I do not see any merit in this application and the same is dismissed with the costs of ₹ 2000/-. To come up for payment of cost and final arguments. Put up on 09.08.2010 (Vipin Kumar Rai) ACJ/ARC(W) 18. Aggrieved by the order dated 23.10.2009, the defendants (appellants herein) preferred a Civil Revision Petition No.76 of 2010 in the High Court of Delhi. At the preliminary hearing, the petition was allowed to be withdrawn, leaving the trial court at liberty to consider the request of the appellants to treat Issue Number 4 regarding court fee as a preliminary issue. 19. On 09. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onstitution. According to the High Court, the suit was filed in the trial court in 1992. The written statement was filed as far back on 15th April, 1992. On pleadings, Issue Number 4 was framed with regard to court fee and jurisdiction. The appellants never pressed that Issue Number 4 be treated as a preliminary issue. Both the parties led their respective evidence. When the suit was fixed before the trial court for final arguments, application in question was filed. The appellants argued that Issue Number 4 would also be determined along with other issues. 25. In the impugned judgment, it is also observed that it is revealed from the record that the appellants have been moving one application after the other, though all were dismissed with costs. 26. It may be pertinent to mention that the appellants also moved transfer application apprehending adverse order from the trial judge, which was also dismissed by the learned District Judge. This conduct of the appellants demonstrates that they are determined not to allow the trial court to proceed with the suit. They are creating all kinds of hurdles and obstacles at every stage of the proceedings. 27. The learned Single Judge ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dge, Delhi. 30. It is abundantly clear from the facts and circumstances of this case that the appellants have seriously created obstacles at every stage during the course of trial and virtually prevented the court from proceeding with the suit. This is a typical example of how an ordinary suit moves in our courts. Some cantankerous and unscrupulous litigants on one ground or the other do not permit the courts to proceed further in the matter. 31. The learned Amicus Curiae has taken great pains in giving details of how the case has proceeded in the trial court by reproducing the entire court orders of 1992 suit. In order to properly comprehend the functioning of the trial courts, while dealing with civil cases, we deem it appropriate to reproduce the order sheets of 1992 suit. This is a typical example of how a usual civil trial proceeds in our courts. The credibility of entire judiciary is at stake unless effective remedial steps are taken without further loss of time. Though original litigation and the appeal which commenced from 1977 but in order to avoid expanding the scope of these appeals, we are dealing only with the second litigation which commenced in 1992. The order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ied. As requested, adjourned. 16.02.2004 Reply not filed. Counsel for the Defendant seeks time to file reply. 01.03.2004 Reply filed. Counsel for the Defendant objected that the addresses of Legal Representatives are not correct. 24.03.2004 Application Order 22 Rule 3 is allowed. Right to sue survives. Order 6 Rule 17 pending for disposal. 27.04.2004 Arguments heard. 22.05.2004 Plaintiff wants to file written submissions with regard to clarification. Allowed. 03.07.2004 None for Defendants. Written submissions filed by Plaintiff. 28.7.2004 Present none. Order 6 Rule 17 dismissed. 02.09.2004 None for Defendants. Fixed for PE to 06.10.2004 28.09.2004 Defendant moved application Order 14 Rule 5. Notice issued. 06.10.2004 Issues reframed. Defendant sought time to cross-examine PW. 22.11.2004 PW present. Defendant prayed for adjournment. Defendant moved application for transfer of the case. Last opportunity for crossexamination. 21.12.2004 PW present. Previous cost not pressed for. PW sought time for obtaining copies of documents. 10.02.2005 PW cross-examined. PE closed. 15.03.2005 No DW present 19 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reating No. 4 as preliminary issue. Dismissed with cost of ₹ 2,000/- 9.8.2010 Application for adjournment filed. 27.9.2010 Presiding Officer on leave. 23.10.2010 For final arguments. 18.12.2010 For final arguments. 22.1.2011 For final arguments. 5.2.2011 For final arguments. 26.2.2011 Sought adjournment on the ground that the matter regarding cost is pending in Hon ble Supreme Court. 32. Dr. Arun Mohan, learned amicus curiae, has written an extremely useful, informative and unusual book Justice, Courts and Delays . This book also deals with the main causes of delay in the administration of justice. He has also suggested some effective remedial measures. We would briefly deal with the aspect of delay in disposal of civil cases and some remedial measures and suggestions to improve the situation. According to our considered view, if these suggestions are implemented in proper perspective, then the present justice delivery system of civil litigation would certainly improve to a great extent. 33. According to the learned author, 90% of our court time and resources are consumed in attending to uncalled for litigation, which is crea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndants in the suit) ought to have vacated the premises and moved out on their own, but the appellants seem to have acted as most parties do calculate the cost (risk)-benefit ratio between surrendering on their own and continuing to contest before the court. Procrastinating litigation is common place because, in practice, the courts are reluctant to order restitution and actual cost incurred by the other side. Profits for the wrongdoer 38. According to the learned Amicus Curiae, every lease on its expiry, or a license on its revocation cannot be converted itself into litigation. Unfortunately, our courts are flooded with these cases because there is an inherent profit for the wrongdoers in our system. It is a matter of common knowledge that domestic servants, gardeners, watchmen, caretakers or security men employed in a premises, whose status is that of a licensee indiscriminately file suits for injunction not to be dispossessed by making all kinds of averments and may be even filing a forged document, and then demands a chunk of money for withdrawing the suit. It is happening because it is the general impression that even if ultimately unauthorized person is thrown out of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f issues is a very important stage in the civil litigation and it is the bounden duty of the court that due care, caution, diligence and attention must be bestowed by the learned Presiding Judge while framing of issues. 44. In the instant case when the entire question of title has been determined by the High Court and the Special Leave Petition against that judgment has been dismissed by this court, thereafter the trial court ought not to have framed such an issue on a point which has been finally determined upto this Court. In any case, the same was exclusively barred by the principles of res judicata. That clearly demonstrates total non-application of mind. 45. We have carefully examined the written submissions of the learned Amicus Curiae and learned counsel for the parties. We are clearly of the view that unless we ensure that wrongdoers are denied profit or undue benefit from the frivolous litigation, it would be difficult to control frivolous and uncalled for litigations. In order to curb uncalled for and frivolous litigation, the courts have to ensure that there is no incentive or motive for uncalled for litigation. It is a matter of common experience that court s othe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts. 49. It is a typical example how a litigation proceeds and continues and in the end there is a profit for the wrongdoer. 50. Learned amicus articulated common man s general impression about litigation in following words: Make any false averment, conceal any fact, raise any plea, produce any false document, deny any genuine document, it will successfully stall the litigation, and in any case, delay the matter endlessly. The other party will be coerced into a settlement which will be profitable for me and the probability of the court ordering prosecution for perjury is less than that of meeting with an accident while crossing the road. This court in Swaran Singh (Supra) observed as under: Perjury has also become a way of life in the law courts. A trial Judge knows that the witness is telling a lie and is going back on his previous statement, yet he does not wish to punish him or even file a complaint against him. He is required to sign the complaint himself which deters him from filing the complaint. Perhaps law needs amendment to clause (b) of Section 340 (3) of the Code of Criminal Procedure in this respect as the High Court can direct any officer to f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uld be allowed to abuse the process of the court. G. The principle of restitution be fully applied in a pragmatic manner in order to do real and substantial justice. H. Every case emanates from a human or a commercial problem and the Court must make serious endeavour to resolve the problem within the framework of law and in accordance with the well settled principles of law and justice. I. If in a given case, ex parte injunction is granted, then the said application for grant of injunction should be disposed of on merits, after hearing both sides as expeditiously as may be possible on a priority basis and undue adjournments should be avoided. J. At the time of filing of the plaint, the trial court should prepare complete schedule and fix dates for all the stages of the suit, right from filing of the written statement till pronouncement of judgment and the courts should strictly adhere to the said dates and the said time table as far as possible. If any interlocutory application is filed then the same be disposed of in between the said dates of hearings fixed in the said suit itself so that the date fixed for the main suit may not be disturbed. 53. Accor ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
