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2009 Supreme(Del) 1277

VIKRAMAJIT SEN, V.K.JAIN
MOHAN OVERSEAS P. LTD. – Appellant
Versus
GOYAL TIN & GENERAL INDUSTRIES – Respondent


Advocates Appeared:
Mr. D.S. Narula & Mr. A.S. Narula, Advs.
Mr. Harish Malhotra, Sr. Mr. R.K. Modi and Mr. Rajender Aggarwal, Advs.

JUDGMENT

1. Courts are intended to be temples of justice, roads for redressal, and not houses for harassment. A judge will never be able to palate litigation being vulgarized as a vehicle of victimization. He will scarcely stand idle when he perceives the jural system being employed as an instrument of oppression of an innocent citizen. Given the disturbing reality of decades of pendency of litigation, resulting largely from an exponential explosion of litigation in response to which the imperative of an increase in the strength of judges is startlingly absent, the judge must innovate; he must discover avenues which will minimize the malaise of delay in decision even if it entails routing away for practices which were hitherto fore commonplace. One genre of cases which the judge increasingly countenances are suits for specific performance of ostensible contracts for conveyance of immovable property and this class of lis is severely clogging the courts. Dismissing interlocutory injunction pleas in this category of cases is not adequate amelioration, principally because of the doctrine of lis pendens, which finds statutory expression in Section 52 of the Transfer of Property Act


















































































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