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DELHI HIGH COURT
C.HARI SHANKAR
M.K. Bhargava – Appellant
Versus
Sukhdev Raj Arora – Respondent
| Table of Content |
|---|
| 1. petition filed under article 227. (Para 1) |
| 2. court acknowledges pandemic's impact on case management. (Para 2 , 3) |
| 3. application pending unjustifiably; directive issued for resolution. (Para 4 , 5 , 6) |
| 4. petition allowed; applications disposed. (Para 7) |
JUDGMENT
C.Hari Shankar, J. (ORAL)
1. This petition under Article 227 of the Constitution of India seeks a direction to the learned Senior Civil Judge-cum-Rent Controller ("learned SCJ-cum-RC") to decide ARC 59077/2016, pending before her, within six months and an application under Order XXII Rule 3 of the Code of Civil Procedure, 1908 (CPC), pending before her in a time bound frame.
2. Insofar as the prayer for deciding ARC 59077/2016 is concerned, it is not possible for this Court to pass any such peremptory direction, as the Court is unaware of the volume of work pending before the learned SCJ-cum-RC, especially in view of the manner in which work in courts has been affected over the past two years during the currency of the COVID 2019 pandemic.
3. As such, qua the prayer to dispose of ARC 59077/2016 within six months, I am only inclined to direct the learned SCJ-cum-RC to dispose of ARC 59077/2016 as expe
Judicial efficiency is paramount; the High Court emphasized the need to expedite long-pending applications while acknowledging pandemic-related challenges.
Article 227 prohibits mandating time-bound directions to lower courts, which must prioritize cases based on urgency.
Timely resolution of procedural matters is essential for the expeditious conduct of trials.
The court has the authority to direct the learned Trial Court to expedite the proceedings and dispose of pending applications within specified timelines.
Judicial discretion under procedural rules should prioritize substantive justice over mere technicalities, enabling courts to decide applications on their merits.
Against an order dismissing an application for condonation of delay in filing the written statement, neither an appeal nor revision petition under Section 115 of the CPC lies.
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