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IN THE HIGH COURT OF DELHI
Tushar Rao Gedela, J.
Zafar Mohd. - Appellant
Versus
Vaseem Saifi - Respondent
CM(M) 1329 of 2022
Decided On : 02-12-2022
JUDGMENT
Tushar Rao Gedela, J. (Oral)
CM APPL. 51850/2022 (for exemption)
1. Exemption is allowed, subject to all just exceptions.
2. The application stands disposed of.
CM(M) 1329/2022
3. With the consent of the parties, the present petition is taken for final disposal today.
4. After arguments have been addressed by both sides, learned counsel appearing for the parties agreed that the application under Section 39 Rules 1 and 2 filed by the respondent, as well as the application filed under Section 39 Rule 4 of the CPC, 1908 by the petitioner, may be taken up for consideration together and orders thereon be passed at the earliest by the learned Trial Court.
5. In view of the above, this Court deems fit to direct the learned Trial Court to take up the aforesaid two applications filed by the parties, on 21.12.2022 and pass orders on or before 03.01.2023.
6. None of the parties will be permitted to take any adjournment on the said date on any ground whatsoever.
7. Consequent upon the hearing, the learned Trial Court is requested to pass orders as early as possible, not later than 03.01.2023.
8. The Trial Court may, if it considers fit, hear any other pending application.
9. In view of the above directions, no other orders are called for.
10. The petition is accordingly disposed of in the above terms.
Timely hearing of applications in civil proceedings is essential, with courts expected to adhere to deadlines and avoid unnecessary delays.
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.
The Court has the discretion to direct the petitioner to file a reply to an application under Order 6 Rule 17 of the CPC, 1908 before the Trial Court.
The importance of complying with judicial directions and the requirement for the Trial Court to first pass orders on the application under Order I Rule 10 of the CPC, 1908 before considering other ap....
The court has the authority to grant directions to expedite the process of hearing and disposing of pending applications in accordance with relevant court rules and circulars.
Urgent disposal of interim applications under relevant civil procedure rules.
Judicial discretion under procedural rules should prioritize substantive justice over mere technicalities, enabling courts to decide applications on their merits.
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