2011 Supreme(J&K) 575
MOHAMMAD YAQOOB MIR
Mushtaq Ahmad Dhar & Anr. – Appellant
Versus
Nazir Ahmad Dhar – Respondent
Advocates Appeared:
Mr. A. Haqani for Petitioner.
Mr. M.A. Rathore for Respondent.
1. Justice with convenient speed has to be a cherished principle of justice delivery system. Inordinate delay operates harshly so as to create an impression that even if justice is done but appear not to have been done because it neutralizes the impact. Litigants normally expect quick mode of delivery of justice, same is in-keeping with the aforesaid principle but when litigants themselves enormously contribute to the delay, it cannot lie in their mouth to say that, the justice is delayed. Courts of law are bound to deliver justice in conformity with the law, if the litigant by over reacting or showing over smartness contributes to the delay, such position cannot be attributed to the justice delivery system. System is in place but it is for the parties to adhere to the system and to be vigilant at every stage of the proceedings. If a litigant, because of his own shortfalls, applies the breaks in the smooth progress of the trial, it is for him to correct himself, otherwise delay is at his own peril.
2. Learned counsel for the respondent objected the maintainability of the writ petition by stating that no writ can lie against a private person. It is only when main respondent is the Go
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