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IN THE HIGH COURT OF DELHI AT NEW DELHI
C. Hari Shankar, J.
Dr. Manoj Bajpai - Appellant
Versus
Ms Seema Jassal - Respondent
CM(M) 305 of 2022 and CM Appl. 16578 of 2022 (Exemption)
Decided On : 04-04-2022
ADJUDICATION - Civil Procedure - Application under Order XII Rule 6 of CPC
Fact of the Case:
The petitioner sought a direction to the learned Additional District Judge to decide the application filed under Order XII Rule 6 of CPC for decreeing the suit on admissions.
Finding of the Court:
The court acknowledged the petitioner's repeated adjournment requests before the trial court and highlighted that it is generally impermissible to seek adjournments and then invoke the High Court's jurisdiction for expediting proceedings. However, considering the nature of the petition related to an application under Order XII Rule 6 of CPC, the court directed the learned ADJ to decide the application expeditiously.
Issues: The issue revolved around the petitioner's repeated adjournment requests and the invocation of the High Court's jurisdiction for expediting proceedings related to an application under Order XII Rule 6 of CPC.
Ratio Decidendi: The court emphasized that it is generally not permissible for a litigant to seek adjournments before the trial court and then invoke the High Court's jurisdiction for expediting proceedings. However, considering the specific nature of the petition related to an application under Order XII Rule 6 of CPC, the court directed the learned ADJ to decide the application expeditiously.
Final Decision: The petition was disposed of with the direction to the learned ADJ to decide the application under Order XII Rule 6 of CPC as expeditiously as possible.
ORDER
CM APPL. 16578/2022 (Exemption)
1. Allowed, subject to all just exceptions.
2. The application stands disposed of.
CM (M) 305/2022
3. This petition seeks a direction to the learned Additional District Judge, Karkardooma Courts, Delhi ('the learned ADJ') to decide, expeditiously, the application filed by the petitioner-plaintiff under Order XII Rule 6 of the Code of Civil Procedure, 1908 (CPC), for decreeing the suit on admissions.
4. It is seen that, out of five occasions on which the matter was listed before the learned ADJ for hearing of arguments on the application, dates were taken by the petitioner on two occasions.
5. It is ordinarily not permissible for a litigant to seek adjournments before the trial court and, thereafter, invoke the jurisdiction of the High Court under Article 227 of the Constitution of India, seeking expediting of the proceedings.
6. Nonetheless, as the prayer in the petition merely relates to an application under Order XII Rule 6 of the CPC, which essentially involves consideration of the issue of whether there are admissions by the defendant, sufficient to justify decreeing of the suit, this petition is disposed of with the direction to the learned ADJ to decide the application as expeditiously as possible, keeping in view the position of his board and the priority of matters before him.
7. It is made clear that this Court is not issuing any time bound direction.
Litigants are generally not permitted to seek adjournments before the trial court and then invoke the High Court's jurisdiction for expediting proceedings, but specific considerations may warrant exp....
The High Court can direct the trial court to expedite proceedings under specific circumstances, but litigants must not abuse adjournment processes.
Timely resolution of procedural matters is essential for the expeditious conduct of trials.
Point of Law : Adjournments should be ordinarily limited to three/four times in the life of the suit as also as per the provisions of Order 17 CPC.
The court emphasized that routine adjournments in civil proceedings undermine justice, necessitating strict adherence to statutory limits and the imposition of costs for delays.
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