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IN THE HIGH COURT OF DELHI AT NEW DELHI
Tushar Rao Gedela, J.
Rajinder Prasad – Appellant
Versus
Sunita Devi – Respondent
CM(M) 870 of 2023
Decided On : 23-05-2023
Exemption - Expeditious Disposal of Suit - The court directed the trial court to expeditiously dispose of the suit and counter claim, considering the huge pendency and previous litigation between the parties.
Fact of the Case:
The petitioner sought direction for expeditious disposal of the suit and counter claim due to previous lengthy litigation.
Finding of the Court:
The court directed the trial court to expeditiously dispose of the suit and counter claim, and permitted the petitioner to move an application seeking directions to frame a preliminary issue.
Issues: Expedited disposal of suit and counter claim
Ratio Decidendi: Considering the huge pendency and previous lengthy litigation, the court directed the trial court to expedite the disposal of the suit and counter claim.
Final Decision: The petition was disposed of with no order as to costs.
JUDGMENT
Tushar Rao Gedela, J. (Oral)
[The proceeding has been conducted through Hybrid mode]
CM APPL.27485/2023
1. Exemption allowed subject to all just exceptions.
2. The application stands disposed of.
CM(M) 870/2023 & CM APPL. 27484/2023 (Stay)
3. Ms. Shikhaa Kapoor, learned counsel appears for the petitioner and after some arguments submits that the petitioner would be satisfied if any direction for expeditious disposal of the suit alongwith the counter claim be passed.
4. After having considered the submissions made by learned counsel and observing that the suit as also the counter claim pertain to the year 2021 and being aware of the huge pendency before the learned Trial Court, this Court requests the learned Trial Court to expeditiously dispose of the suit as also the counter claim since it is stated that there was already a previous round of litigation between the parties which carried on for decades.
5. Ms. Kapoor, learned counsel states that she would move an appropriate application seeking directions from the learned Trial Court to frame a preliminary issue in respect of the challenge raised in the present petition.
6. Petitioner is permitted to do so.
7. In view of the aforesaid directions the petition is disposed of with no order as to costs.
8. A copy of order be given dasti under signatures of Court Master.
Courts may direct the expeditious disposal of suits that have been pending for a long time, especially when one party is engaging in delaying tactics.
The court has the authority to direct the learned Trial Court to expedite the proceedings and dispose of pending applications within specified timelines.
The court has the discretion to allow exemption from filing certified copies of annexures, subject to all just exceptions, and can direct the disposal of urgent matters in accordance with law.
Expeditious disposal of civil suits requires extraordinary urgency; routine requests cannot be prioritized without justifiable cause.
Urgent disposal of interim applications under relevant civil procedure rules.
The Court emphasized the necessity of filing cases in the appropriate jurisdiction, highlighting procedural delays should not hinder access to justice.
Procedural fairness must prevail in legal proceedings; courts should prioritize resolving matters on merits over strict adherence to procedural technicalities.
The main legal point established in the judgment is the application of Order 7 Rule 11 of the Civil Procedure Code in determining the admissibility of a counter claim, and the Court's authority to di....
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