IN THE HIGH COURT OF RAJASTHAN, JAIPUR BENCH
Veerender Singh Siradhana, J.
Nanu Ram Adopted - Appellant
Vs.
Chhoti Devi and Ors. - Respondents
S.B. Civil Miscellaneous Appeal No. 1396 of 2008
Decided On : 02-12-2016
Civil Litigation - Trial Court Directions - The court directed the trial court to conclude the trial expeditiously, emphasizing the importance of scrutinizing pleadings and documents, avoiding unnecessary adjournments, and imposing realistic costs to control false pleadings and forged documents.
Fact of the Case:
The plaintiff's suit proceedings had been pending since 2006, with the plaintiff not completing evidence. The court directed the trial court to conclude the trial expeditiously, maintaining the status quo until the final conclusion of the trial.
Finding of the Court:
The court found that the delay in civil litigation needed to be curbed and provided specific directions to the trial court to ensure expeditious trial proceedings.
Issues: Delay in civil litigation, completion of evidence, maintenance of status quo.
Ratio Decidendi: The main legal principle established is the need for trial courts to carefully scrutinize pleadings and documents, avoid unnecessary adjournments, and impose realistic costs to control false pleadings and forged documents.
Final Decision: The appeal was closed with a direction to the trial court to conclude the trial expeditiously, and the status quo was to be maintained until the final conclusion of the trial.
Veerender Singh Siradhana, J.
1. With the consent of the learned counsel for parties, the instant appeal is closed with a direction to the trial Court to conclude the trial as expeditiously as possible, preferably within twelve months from the date a certified copy of this order is presented.
2. The suit proceedings instituted by the plaintiff/appellant in the year 2006 have been pending since then and the plaintiff/appellant has not completed his evidence.
3. In view of the above, the plaintiff/appellant is allowed three dates onward from the date a certified copy of this order is presented before the trial Court to conclude his evidence.
4. The defendants/respondents may also complete their evidence within four months thereafter.
5. It is further directed that the trial Court shall not grant any unnecessary adjournment and in the event of interlocutory applications instituted by the parties, the same be dealt with in accordance with the steps suggested by the Supreme Court in the case of Rameshwari Devi and Ors. Vs. Nirmala Devi and Ors., 2011 (8) SCC 249, observing thus:
"52. The main question which arises for our consideration is whether the prevailing delay in civil litigation can be curbed? In our considered opinion the existing system can be drastically changed or improved if the following steps are taken by the trial courts while dealing with the civil trials.
A. Pleadings are foundation of the claims of parties. Civil litigation is largely based on documents. It is the bounden duty and obligation of the trial judge to carefully scrutinize, check and verify the pleadings and the documents filed by the parties. This must be done immediately after civil suits are filed.
B. The Court should resort to discovery and production of documents and interrogatories at the earliest according to the object of the Act. If this exercise is carefully carried out, it would focus the controversies involved in the case and help the court in arriving at truth of the matter and doing substantial justice.
C. Imposition of actual, realistic or proper costs and or ordering prosecution would go a long way in controlling the tendency of introducing false pleadings and forged and fabricated documents by the litigants. Imposition of heavy costs would also control unnecessary adjournments by the parties. In appropriate cases the courts may consider ordering prosecution otherwise it may not be possible to maintain purity and sanctity of judicial proceedings.
D. The Court must adopt realistic and pragmatic approach in granting mesne profits. The Court must carefully keep in view the ground realities while granting mesne profits.
E. The courts should be extremely careful and cautious in granting ex-parte ad interim injunctions or stay orders. Ordinarily short notice should be issued to the Defendants or Respondents and only after hearing concerned parties appropriate orders should be passed.
F. Litigants who obtained ex-parte ad interim injunction on the strength of false pleadings and forged documents should be adequately punished. No one should be allowed to abuse the process of the court.
G. The principle of restitution be fully applied in a pragmatic manner in order to do real and substantial justice.
H. Every case emanates from a human or a commercial problem and the Court must make serious endeavour to resolve the problem within the framework of law and in accordance with the well settled principles of law and justice.
I. If in a given case, ex parte injunction is granted, then the said application for grant of injunction should be disposed of on merits, after hearing both sides as expeditiously as may be possible on a priority basis and undue adjournments should be avoided.
J. At the time of filing of the plaint, the trial court should prepare complete schedule and fix dates for all the stages of the suit, right from filing of the written statement till pronouncement of judgment and the courts should strictly adhere to the said dates and the said ti
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