IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.Subramaniam, J.
Mrs. Krishnaveni - Appellant
Vs.
K.Dayalan - Respondent
C.R.P.No.106 of 2023
Decided On : 19-01-2023
Civil Revision Petition – Adjournments on Flimsy Grounds – Original Suit – Civil Revision Petition has been filed to direct Hon'ble Additional District for speedy disposal of pending Original Suit – Grievance revision petitioners is that Suit was instituted for injunction – Suit is still pending revision petitioners are constrained to move Civil Revision Petition for speedy disposal of suit – Held, Court of Law is waiting for justice done in a consistent manner and without discriminating litigants issuing directions indiscriminately for speedy disposal of cases by District Judiciary would do no service to cause of justice – Every urgency cannot be considered for issuing a direction for speedy disposal urgency which is imminent to be considered – Court concerned is expected to regulate its own procedures in respect of cases on Board for effective disposal and to ensure that cases are disposed of within a reasonable period of time – Civil Revision Petition stands disposed of.
ORDER :
The Civil Revision Petition has been filed to direct the Hon'ble Additional District Munsif at Tiruvallur, Tiruvallur District for speedy disposal of the pending Original Suit in O.S.No.600 of 2004.
2. The grievance of the revision petitioners is that the Suit was instituted for injunction in the year 2004 in O.S.No.600 of 2004. The suit is still pending and therefore, the revision petitioners are constrained to move the Civil Revision Petition for speedy disposal of the suit.
3. Unnecessary adjournments on flimsy grounds would cause prejudice to the parties to the litigation. Rule is to conduct the case on the date it is posted for hearing. Adjournment is an exception. Thus, adjournments are to be granted only on genuine grounds and even in such circumstances, on commencement of trial long adjournments are to be avoided. The reason is to be recorded by the Courts, if it is genuine.
4. Long pendency of litigations causing untold mental agony to the litigants are to be considered by the Courts concerned, while granting adjournments in a routine manner. Any party seeking adjournment on flimsy grounds or attempting to prolong and protract the case, then heavy cost is to be awarded, which is to be paid to the other party, who is ready to conduct the case. If such adjournments are frequently sought for, then exemplary or maximum costs are to be awarded by the Court concerned. The endeavour of the Court is to ensure that the cases are disposed of as expeditiously as possible by avoiding unnecessary adjournments.
5. High Court cannot issue directions to the District Judiciary for speedy disposal of cases in a routine manner. Frequent directions if issued, the same cannot be a practical solution. The trust on the District Judiciary due to overburdening of litigation on Board is to be taken into consideration by the High Court. The routine directions for speedy disposal, if it is issued, it would further cause unnecessary pressure on the District Judiciary. In many such cases, wherein directions are issued, the District Judiciary has come out with administrative letter, seeking extension of time again and again and thus, the purpose for which such directions were issued by the High Court became defeated.
6. The longevity of the litigations are occurring at the instance of the parties on many occasions. The legal brains are adopting tactical approach to prolong and protract the cases for unjust gains and for Forum Shopping. Any party having an idea to achieve their goal in an indirect or illegal manner, then they are adopting all such tactics for the purpose of prolonging the case, which cannot be tolerated by the Courts. On some occasion, if any litigants feel that a particular Judicial Officer in the District Judiciary is inconvenient to them, they are seeking adjournments after adjournments or filing frivolous interlocutory applications through which they all are causing longevity to the litigation. Ill-motives of such litigants if allowed to succeed, then the same will result in miscarriage of justice and thus the Courts are expected to be cautious, while granting unnecessary adjournments on flimsy grounds. All such attempts should be thwarted by the Courts and the Court cannot aid such ill-motive of the parties. The frivolous and unnecessary interlocutory applications are to be dealt with in accordance with law and if the Court formed an opinion that such interlocutory applications are filed with an idea to prolong and protract the issues or filed with ill-motives, then the Court would not hesitate in awarding exemplary or maximum cost on such applications. The cases are to be disposed of in consistent manner to avoid unnecessary allegations and to redress the grievances of the parties approaching the Court of Law.
7. In the event of issuing direction in Civil Revision Petitions for speedy disposal without considering the number of cases pending in a particular Court on Board, it will result in discrimination against many other li
The Court emphasized the need for genuine urgency or public interest to justify speedy disposal and highlighted the trust on the District Judiciary, the ill-motives of litigants, and the potential di....
Adjournments should be granted only on genuine grounds, and routine directions for speedy disposal of cases cannot be issued by the High Court.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.