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2023 Supreme(P&H) 2987
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
NAMIT KUMAR, J.
Sat Parkash – Petitioner
Versus
Ashish Kumar – Respondent
CR-2036 of 2020 (O&M)
Decided On : 01-09-2023
Ms. R.S. Mamli, Advocate; For the Petitioner
Mr. Akshit Aggarwal, Advocate for the respondent
Headnote:(A) Specific Relief (Amendment) Act, 2018 - Section 20C - Civil Procedure Code, 1908 - Delay in decision of civil suit - Revision petition filed under Article 227 for expeditious disposal of civil suit No. 1836 of 2017 - The suit, filed on 26.09.2017, remains undecided after over five years, contrary to the statutory requirement for resolution within 18 months per Section 20C. Court directed the trial court to decide the case expeditiously and emphasized the parties' cooperation in avoiding unnecessary adjournments. (Paras 1, 8)
(B) Provisions for expeditious trial - Section 20C mandates that cases under this Act are to be disposed of within one year from summons service, extended only for justifiable reasons. (Paras 3, 4)
Facts of the case:
The petitioner/defendant entered into an agreement to sell property to the respondent/plaintiff, who failed to pay the balance by the due date, leading to the forfeiture of earnest money and a suit by the respondent to challenge this action.
Findings of Court:
Revision allowed directing the trial court to complete the trial expeditiously, reflecting the prolonged delay contrary to legislative intent in the 2018 Act.
Issues: The main issue was whether the extended delay in deciding the civil suit violated the provisions of the Specific Relief (Amendment) Act, 2018.
Ratio Decidendi: The court determined that adherence to the timeline within the Act is crucial for justice and that courts must ensure timely processing of cases, particularly those that may disproportionately impact senior citizens.
Result: The revision petition was allowed and directions were issued for an expedited trial.
| Table of Content |
|---|
| 1. existence of agreement and forfeiture of earnest money. (Para 2) |
| 2. importance of timely disposal of the suit. (Para 3 , 4) |
| 3. applicable provisions for timely adjudication. (Para 6 , 7) |
| 4. court's direction for expeditious trial. (Para 8) |
| 5. order for compliance and cooperation with the court. (Para 9) |
JUDGMENT
Namit Kumar, J.
CM-741-CII-2021
Prayer in the instant application filed under section 151 of CPC is for placing on record certified copies of the written statement dated 06.11.2017 and the zimni orders dated 04.08.2020 and 08.12.2020 passed by the trial Court as Annexures P-5 and P-6.
Allowed as prayed for subject to all just exceptions.
CM-5154 and 5155-CII-2022
Prayer in the instant applications filed under section 151 of CPC is for exemption from filing certified/typed copies of zimini orders passed by the trial Court and for taken on record true photocopies of the same as Annexure A-1, respectively.
Allowed as prayed for subject to all just exceptions.
CR-2036-2020
The instant revision petition has been filed by the petitioner under Article 227 of the Constitution of India for issuance of appropriate directions to the Court of learned Civil Judge (Senior Division), Yamuna Nagar at Jagadhri to decide the Civil Suit No.1836 of 2017 titled as 'Ashish Kumar v. Sat Parkash' expeditiously in view of the amendment in Specific Relief (Amendment) Act, 2018 (for short the 2018 Act').
2. The brief facts leading to the filing of the present petition as has been narrated in the petition are that the petitioner/defendant being owner in possession entered into an agreement to sell dated 06.04.2017 in respect of land measuring 9 Kanal 0 Marla comprising in Khewat No.106//101, Khatauni No.371, Khasra No.31//23/2, 24/2/2 (8- 18), 30//24/1/2 (0-3), situated within the Mauja Bhogpur, Tehsil Jagadhri, District Yamuna Nagar for a total sale consideration of Rs.60,85,000/- with the respondent/plaintiff. Out of total sale consideration, Rs.6,00,000/- were paid as an earnest money and the date for registration was fixed as 31.08.2017. Since the plaintiff/respondent has failed to pay the balance sale consideration by the fixed date, therefore, as per terms of the agreement to sell his earnest money was forfeited by the petitioner/defendant and he was duly informed through legal notice dated 01.09.2017. On which the respondent/plaintiff has filed a suit bearing No.1836 of 2017 for declaration to the effect that notice dated 01.09.2017 is null and void and is not binding upon the right of the respondent/plaintiff as there exists a valid agreement dated 06.04.2017 between the parties and defendant has no right to terminate the said agreement and to forfeit the amount of earnest money received in the part performance of agreement to sell dated 06.04.2017 and for possession by way of specific performance of agreement to sell dated 06.04.2017 and for permanent injunction for restraining the petitioner/defendant for further alienation and for permanent injunction restraining the petitioner/defendant for further alienating the land by way of lease, mortgage, creating third party interest either himself or through agent, servant and representative and changing the existing nature of the land.
3. Learned counsel for the petitioner/defendant has made reference to the provisions of Section 20C of the 2018 Act which read as under :-
"20C. Notwithstanding anything contained in the Code of Civil Procedure, 1908, a suit filed under the provisions of this Act shall be disposed of by the court within a period of twelve months from the date of service of summons to the defendant:
Provided that the said period may be extended for a further period not exceeding six months in aggregate after recording reasons in writing for such extension by the court."
4. Learned counsel for the petitioner/defendant submits that the suit was filed by the respondent/plaintiff on 26.09.2017 and the summon was received by the petitioner/defendant on 12.10.2017 and after ex
