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MANMEET PRITAM SINGH ARORA
Vijender Kumar Sharma (Since Deceased) Through His Lrs. – Appellant
Versus
Ajay Kumar Sharma – Respondent
JUDGMENT
Manmeet Pritam Singh Arora, J. (Oral)
CM APPL. 43419/2023 (for exemption)
Exemption is allowed, subject to all just exceptions.
Accordingly, the present application is disposed of.
CM(M) 1370/2023
1. This petition filed under Article 227 of the Constitution of India seeks appropriate direction to the ADJ, Shahdara District, Karkardooma Courts, Delhi (`Trial Court'), to expeditiously dispose of an application filed by the defendants i.e., Respondents herein under Order IX Rule 7 of the Code of Civil Procedure, 1908 (`CPC').
2. At the outset, learned counsel for the Petitioner states that in this petition, he is seeking a limited direction to the Trial Court to expedite the trial.
2.1. He states that the Respondent Nos. 1 and 2 are the only two defendants in the civil suit.
2.2. He states that the suit was filed in the year 2014 and the said two Respondents were proceeded ex parte on 22.08.2017. He states that thereafter Respondent Nos. 1 and 2 filed an application under Order IX Rule 7, CPC on 20.03.2018, however, they have not come forward to address arguments on their application and therefore the proceedings before the Trial Court have been stalled.
2.3. He prays that a direction
Timely resolution of procedural matters is essential for the expeditious conduct of trials.
The main legal point established in the judgment is that the Trial Court should decide an application filed under Order VII Rule 11 CPC before proceeding with the trial, as emphasized by the Supreme ....
The court's discretion in permitting written statements and granting adjournments should be exercised judiciously, and unnecessary adjournments should be avoided under Order 17 CPC.
The main legal point established is that the appropriate remedy for challenging orders passed by the Trial Court in a civil suit is to avail the statutory remedy of appeal under Order 43 Rule (1)(r) ....
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.
Judicial discretion under procedural rules should prioritize substantive justice over mere technicalities, enabling courts to decide applications on their merits.
The need for the Trial Court to decide the application of the Petitioner on its own merits and the imposition of legal costs as a condition for the liberty granted.
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