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IN THE HIGH COURT OF DELHI AT NEW DELHI
Tushar Rao Gedela, J.
Bishamber Singh & Anr. – Appellants
Versus
Sanjay Bhardwaj – Respondent
CM(M) 952 of 2023
Decided On : 31-05-2023
expeditious disposal - Civil Procedure - The court directed the trial court to dispose of the suit expeditiously due to its long pendency, despite the respondent's delaying tactics.
Fact of the Case:
The petitioner/defendant sought a direction for the expeditious disposal of a suit that had been pending for 13 years, with only partial cross-examination of a witness taking place.
Finding of the Court:
The court granted the petitioner's request, noting the long pendency of the suit and the respondent's delaying tactics, and directed the trial court to dispose of the suit expeditiously.
Issues: Delay in disposal of the suit, petitioner's request for expeditious disposal, respondent's delaying tactics.
Ratio Decidendi: The court emphasized the need for expeditious disposal of the suit due to its long pendency and the respondent's delaying tactics, and granted the petitioner's request.
Final Decision: The petition stands disposed of with no order as to costs.
JUDGMENT
Tushar Rao Gedela, J. (Oral)
[The proceeding has been conducted through Hybrid mode]
CM APPL. 30374/2023 (EXEMP.)
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
CM(M) 952/2023
3. The petitioner/defendant seeks a direction that the learned Trial Court dispose of the suit expeditiously.
4. Ms. Rambha Singh, learned counsel for the petitioner/derfendant submits that though the suit is listed for recording of evidence of PW1, however, the respondent/plaintiff for one reason or the other has been filed frivolous application which is delaying the disposal of the suit itself.
5. Ms.Rambha Singh, seeks simple direction that the learned Trial Court dispose of the suit expeditiously.
6. Learned counsel for the petitioner/defendant also submits that the suit is pending for the last 13 years and was filed in the year 2010 and till date, only part cross-examination of PW1 has taken place. She further submits that the petitioner/defendant has always been ready to cross-examine the witnesses of the respondent/plaintiff including PW1. However, on one pretext or the other, the respondent/plaintiff is delaying the disposal.
7. Since the petitioner is only seeking direction for expeditious disposal, this Court is of the opinion that no purpose would be served seeking response from the respondent/plaintiff. Ms. Singh, learned counsel submits that advance notice to the email of the learned counsel for the respondent/plaintiff has been sent on 29.05.2023 at 3.50pm.
8. In view of the aforesaid submissions and keeping in view that the suit is pending since the year 2010, the learned Trial Court is requested to expeditiously dispose of the suit in view of the long pendency of the suit.
9. In view of the aforesaid, petition stands disposed of with no order as to costs.
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 emphasized the need for expeditious disposal of applications under Order XXXVII Rule 3 (5) CPC to prevent prejudicial effects on the petitioner.
Expeditious disposal of civil suits requires extraordinary urgency; routine requests cannot be prioritized without justifiable cause.
The main legal principle established is the Court's authority to direct expedited proceedings in a suit and ensure timely disposal.
The court emphasized the need for expeditious proceedings and directed timely resolution of interlocutory applications in a pending suit.
The court established that expediting one case without compelling reasons can disrupt judicial efficiency and is not warranted.
Authorities are mandated to timely address pending requests from petitioners, ensuring fairness in the decision-making process.
Courts may dismiss petitions due to lackadaisical conduct and unsubstantiated reasons for delay in filing evidence.
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