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IN THE HIGH COURT OF DELHI AT NEW DELHI
Asha Menon, J.
Manju Rani - Appellant
Versus
Shiv Property Dealer - Respondent
CM (M) 417/2021, CM Appl.19653/2021 (Exemption)
Decided On : 07-07-2021
Urgent Listing - Civil Suit - The court directed the Trial Court to treat the matter as urgent for early listing and to dispose of the case expeditiously, considering the prolonged litigation and the directions previously given by the Court.
Fact of the Case:
The petitioner sought early listing of a civil suit due to prolonged litigation and the non-urgent treatment of the matter by the Trial Court.
Finding of the Court:
The Court directed the Trial Court to take up the case for hearing on a specified date and proceed with the trial expeditiously, emphasizing the need to dispose of the case within six months.
Issues: Aggrievement by the petitioner due to non-urgent treatment of the civil suit, pending substitution of legal representatives, and unserved notices.
Ratio Decidendi: The Court emphasized the need for expeditious disposal of the case, considering the prolonged litigation and previous directions given by the Court.
Final Decision: The petition was disposed of with directions to the Trial Court to treat the case as urgent, proceed with the trial, and dispose of the case within six months.
JUDGMENT
Asha Menon, J:-- (Oral)
CM Appl. 19653/2021 (Exemption)
1. Allowed, subject to all just exceptions.
2. The application stand disposed of.
CM (M) 417/2021
1. The petitioner is aggrieved by the order of the learned Trial Court dated 5th June, 2021 in Civil Suit No. 95251/2016 thereby declining to treat the matter as urgent for early listing.
2. Ms. Komal Chhibber, learned counsel for the petitioner submits that the petitioner had approached this Court twice before as litigation in this case had commenced in the year 1988 and the matter was not being taken up for hearing by the Trial Court and vide two orders dated 11th October, 2019 and 3rd March, 2021, this Court had directed the learned Trial Court to dispose of the matter expeditiously. Yet, it is submitted by learned counsel, the learned Trial Court has dismissed the application moved by the petitioner for early hearing of the matter as en-bloc dates were being given in not so urgent matters.
3. Learned counsel for the petitioner informs that both the respondents have expired and applications for substitution of their legal representatives are pending disposal and the legal representatives are yet to be substituted. It is also informed that the notices to the legal representatives of the deceased respondents have remained unserved.
4. In these circumstances, the learned Trial Court is directed to take up the case for hearing on the date already fixed, i.e., 16th August, 2021 and proceed with the trial in accordance with law, keeping in mind the two orders of this Court directing the learned Trial Court to dispose of the matter expeditiously.
5. This Court once again directs the learned Trial Court that all endeavour be made to dispose of this case, not later than six months from the date of this order.
6. With the aforesaid directions, the present petition is disposed of.
7. The order be uploaded on the website forthwith.
Emphasis on expeditious disposal of cases in prolonged litigation and adherence to previous court directions.
The court mandated the expeditious disposal of prolonged litigation, emphasizing compliance with prior directives on urgency and the procedural handling regarding deceased respondents.
Expeditious disposal of civil suits requires extraordinary urgency; routine requests cannot be prioritized without justifiable cause.
The right to sue survives against other defendants when one defendant passes away, and the court has the power to exempt the plaintiff from substituting the legal representatives of non-contesting de....
Courts should direct timely hearings to prevent delays from adversely affecting the rights of petitioners and operational efficiency of organizations.
The court emphasized the necessity for the respondents to consider the petitioners' representation in light of previous judicial decisions, ensuring timely redressal without dictating the outcome.
The readiness of counsel is a critical factor in determining the granting of applications for early listing in court proceedings.
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