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2025 Supreme(SC) 1644

SUPREME COURT OF INDIA
Dipankar Datta and Manmohan, JJ.
Balkar Singh – Appellant
Versus
Ut Of Jammu And Kashmir And Others – Respondent
Civil Appeal No. 2634 of 2025 [Arising out of SLP(C) No. 22940 of 2024]
Decided on : 17-02-2025

Headnote:(A) Civil Procedure - Delay and Laches - Fairness in Justice - The High Court dismissed the intra-court appeal on grounds of an unexplained delay of eight years. The Supreme Court emphasized that administrative instructions should not inhibit judicial discretion in considering cited judgments. It ruled that litigants should not suffer due to counsel's lapses. (Paras 1-5)

(B) Judicial Discretion - The High Court erred by rejecting the proposed judgments without evaluating their relevance, which undermines the principle of substantive justice. The dismissal of the appeal has resulted in unnecessary litigation and delay. (Paras 4-5)

Facts of the case:
The appellant's writ petition was dismissed for laches, leading to an appeal being filed which was also dismissed for similar reasons without considering key judgments.

Findings of Court:
The dismissal of the intra-court appeal is set aside, with the case remanded for fresh consideration of rival claims.

Issues: The main issues revolved around the application of procedural rules in light of administrative instructions and whether counsel’s failures should affect the litigant's rights.

Ratio Decidendi: The court held that judicial discretion should prevail over procedural lapses, ensuring that justice is served by considering all relevant arguments and citations.

Result: Appeal allowed.

Table of Content
1. introduction of the case and judgment details. (Para 1)
2. judicial proceedings must be fair, regardless of procedural errors. (Para 2 , 3)
3. litigants shouldn't suffer due to counsel's mistakes. (Para 4 , 5)
4. remand for fresh consideration of rival claims. (Para 6 , 7 , 8)

JUDGMENT :

1. Leave granted.

2. We are a little taken aback having read the impugned judgment and order dated 3rd May, 2024 of the relevant Division Bench of the High Court of Jammu & Kashmir and Ladakh High Court disposing of the intra-court appeal LPA No.148 of 2023 in the manner it did. After dismissing the intra-court appeal agreeing with the Single Bench that the writ petition suffered from unexplained delay of 8 (eight) years, the penultimate paragraph refers to an order of the Hon'ble the Chief Justice requiring counsel for the parties to give a list of judgments in advance so that they are placed before the Court without wastage of any time and also records learned counsel for the appellants having referred to certain judgments which were not so informed earlier. Under such circumstances, the concluding paragraph records the refrain exercised by the Division Bench from adverting to those judgments on account of non-compliance by the learned counsel with the directions given by the Chief Justice and that, even otherwise, the petition before the Single Bench being hopelessly barred by laches was rightly dismissed.

3. We are informed by learned counsel for the appellant that at the time of hearing of the intra-court appeal, judgments were sought to be cited on his behalf to persuade the Division Bench hold that the Single Bench was grossly in error in dismissing the appellant's writ petition on the ground of laches in its presentation and to reverse such dismissal in view of absence of any notification for acquisition of the subject land. However, that did not fructify because the list of judgments was not circulated earlier.

4. It is not disputed at the Bar that the Chief Justice of the High Court has issued an order, which were observed in the breach by the counsel for the appellant. However, we are minded to believe that such order, by its very nature, must have been administrative instructions which were aimed at ensuring speedy disposal of the proceedings before the High Court as well as for the purpose of convenience of the judges on the benches to administer quick and responsive justice without, however, affecting their discretion in the matter of conducting judicial proceedings. We have not been shown that the order contained a default clause that if the list of judgments proposed to be cited is not circulated in advance, such judgments would not be looked at irrespective of the consequences. Even if such order did contain such a clause, and notwithstanding the fault or lapse of the counsel in not circulating the list of judgments, nothing prevented the Division Bench of the High Court in exercise of its judicial discretion to consider whether the judgments proposed to be cited were at all relevant for the purpose of adjudication of the lis before it. Such a course of action would have certainly promoted fairness in delivering justice and in such circumstances, not seen as amounting to defiance of the order containing administrative instructions. Whatever was required for a court of law to administer substantive justice ought to have been adhered to, without feeling inhibited by any such instructions. Importantly, the aspect as to how a bench of a high court would conduct its judicial proceedings is a matter which is beyond the realm of control of the primus inter pares of such court and, thus, cannot be regulated by his administrative instructions. We are certain that the Chief Justice of the High Court did not intend that for a breach of the instructions so issued, a litigant would be deprived of the opportunity of citing judgments. If indeed the judgments counsel for the appellant proposed to cite were examined and found releva

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