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RAJIV SHAKDHER, JASMEET SINGH
Ravinder Parkash Punj – Appellant
Versus
Neeraj Aggarwal And Another – Respondent
JUDGMENT
Rajiv Shakdher, J. - Issue notice.
1.1. Mr Pramod Singhal accepts notice on behalf of respondent no.1.
2. This appeal is directed against the order dated 29.01.2022, passed by the learned District Judge (Commercial Court-03), Patiala House Courts, New Delhi.
2.1. Via order dated 29.01.2022, the learned District Judge has disposed of the appellant's application under Order XII Rule 6 of the Code of Civil Procedure, 1908 (in short 'CPC') as well as respondent no. 1's application under Order XXXIX Rules 1 and 2 read with Section 151 of the CPC.
2.2. Mr Raman Gandhi, who appears on behalf of the appellant, fairly concedes that no appeal would lie against that part of the order dated 29.01.2022, whereby the appellant's application under Order XII Rule 6 of CPC was rejected.
2.3. Mr Gandhi, thus, says that this appeal should be treated as an appeal confined to the latter part of the impugned order, in which directions were issued on respondent no. 1's application under Order XXXIX Rules 1 and 2 of CPC.
3. Concerning the aforesaid aspect of the matter, we have heard the counsel for the parties at some length.
3.1. Given the fact that the issues have been framed, counsel for the partie
The main legal principle established is the court's authority to issue directions for expediting the trial and ensuring timely conclusion of proceedings.
The court emphasized the necessity for expediting trial proceedings in CPC applications concerning judgments on admissions and interim relief, establishing clear timelines for evidence submission and....
Timely filing of replies to interlocutory applications and scheduling of the judge's consideration.
The court established procedural directives on filing replies to interlocutory applications to ensure timely adjudication without affecting final decisions.
Compliance with court orders is critical; repeated failure to follow procedural directions justifies denial of applications seeking relief from prior court decisions.
Timely resolution of procedural matters is essential for the expeditious conduct of trials.
The court permits withdrawal of an appeal against an ex-parte order to allow the appellant to pursue proper procedural remedies at the trial court.
The court can advance hearing dates and allow service of documents via multiple means to expedite judicial proceedings.
The central legal point established in the judgment is the distinction between the provisions of Order XII Rule 6 CPC and Order VII Rule 11 CPC, and the applicability of each provision in different s....
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