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2005 DIGILAW 847 (KAR)

M. v. SUBRAMANIYAM VS HOTEL SANMAN, BANGALORE

2005-12-16

N.KUMAR

body2005
ORDER The petitioner has filed this writ petition for quashing the order dated 19-7-2005 passed by the City Civil Court on I.A. No. I directing the petitioner to pay the admitted arrears of rent of Rs. 23,000/- and to continue to pay the admitted rent, failing which the defence of the defendant stands struck off. 2. As required under Rule 2(3-b) of the Writ Proceedings Rules, 1977 as amended by Writ Proceedings (II Amendment) Rules, 2005 the petitioner has given a synopsis. Office has raised an objection that in the synopsis events to be explained in brief but not the annexures, and returned the writ papers for compliance of office objections. 3. Learned Counsel appearing for the petitioner in reply to the said office objections requested the office to post the matter before Court for orders regarding office objections. Accordingly, the matter is listed before me for considering the validity of the objections raised by the office. 4. Sri Shekar Shetty, learned Counsel appearing for the petitioner submits that the members of the bar are at a loss to understand what exactly is the requirement of law in view of the amendment to the Writ Proceedings Rules, 1977 by introducing Rule 2(3-b). Elaborating his contention, he submits that when full particulars are given setting out the facts and events pertaining to the dates the synopsis is returned saying the synopsis should be brief and it should contain only material facts and that no reference should be made to the annexures etc. When the facts are stated briefly with respect to the dates, they are returned by saying events are to be explained in brief but not the annexures. It is under these circumstances, he submits, in order to have some consistency and clarity it is better, the Court clarifies the requirement of the said provision so that both the members of the bar as well as the office could act on the same. 5. By the Writ Proceedings (II Amendment) Rules, 2005, Rule 2(3-b) was introduced into Writ Proceedings Rules, 1977 which came into force from 23-5-2005 which reads as under: "2(3-b) Along with the petition, list of dates in chronological order with relevant material facts or events pertaining to each of the dates shall be furnished in the form of synopsis". 6. After the aforesaid amendment along with the writ petitions petitioners are filing a synopsis. 6. After the aforesaid amendment along with the writ petitions petitioners are filing a synopsis. Sometimes the said synopsis contains only dates and events. Sometimes after setting out the dates and events under the heading synopsis brief facts of the case are stated. Sometimes it is nothing but a repetition of index filed to the writ petition. Sometimes the dates refer to the documents which are filed in the case. It is in this context controversy had arisen. as to what exactly the requirement of the aforesaid provision. 7. A careful reading of the aforesaid provision makes it clear, that, along with the petition list of dates in chronological order with relevant material facts or events shall be furnished. The words "in the forn1 of synopsis" only means what is to be filed is not the synopsis but the aforesaid particulars in the forn1 of synopsis. Synopsis is a brief or condensed statement presenting a combined or general view of something. It could also be a table or set of paragraphs or headings so arranged as to exhibit all the parts or divisions of a subject or work at one view, a conspectus. 8. What is expected under the said rule is, that, dates have to be arranged in a chronological order on the left side or the page and as against the dates relevant material facts and events which have a bearing have to be furnished on the right side of the page. Once those facts and events are read with those dates, they should give a bird's-eye view of the case to the Judge to understand what the case is about, within a short time. It would save the time of the Court. It avoids confusions. It avoids lengthy arguments. After hearing the arguments, if the Judge were to proceeded to pass any order, these dates and events would be before him prominently so that while dictating the judgment he could readily rely on those dates. This is the purpose sought to be achieved by insisting on the compliance of the aforesaid amended rule. 9. Unfortunately, in some of the synopsis filed, we notice though as against the dates on the left side events are mentioned, it is too bald. This is the purpose sought to be achieved by insisting on the compliance of the aforesaid amended rule. 9. Unfortunately, in some of the synopsis filed, we notice though as against the dates on the left side events are mentioned, it is too bald. For example, as against the date if particulars furnished are plaint filed, written statement filed, I.A. filed, order passed, sale deed, etc., without disclosing what the plaint is about, what is the defence about, what is the order passed, what is the significance of the sale deed or any other document, though technically it would satisfy the aforesaid legal requirements, the object sought to be achieved by the aforesaid provision is not fulfilled. The office would be justified in rejecting such synopsis stating that it should contain relevant material facts or events. Similarly no useful purpose would be achieved by repeating in the synopsis the contents of the index which contains the dates, the description of the documents, the annexure numbers and the page numbers. The synopsis certainly should be more descriptive as compared to an index. If the synopsis is in a naming form, it serves little purpose. What is to be remembered both by the litigants/lawyers as well as by the office is, that the whole object of insisting on this requirement is to set out in brief, the facts of the case, to enable the Judge to come to the grips of the subject-matter of the proceedings at the earliest point of time The whole object is to bring in professionalism, and render justice speedily, efficiently and without wasting the precious time of the Court and public money 10. Therefore, even at the cost of repetition, the requirement of the Rule is, firstly, dates have to be arranged in chronological manner on the left side of the page. Secondly, as against those dates relevant material facts and events have to be described on the right side to give an indication to the Judge not only about the importance of the dates but also about the material facts and events. From the said particulars the Judge should be able to find out what the case is about, what the grievance of the party is and what is the relief which he is seeking. This is mandatory. From the said particulars the Judge should be able to find out what the case is about, what the grievance of the party is and what is the relief which he is seeking. This is mandatory. If apart from giving the dates as well as the material facts and the events, if the annexure numbers and the page numbers are also given, it would be of immense assistance to refer the same in case. of necessity. It is also pertinent to point out that the material facts and the events need not be with reference to any documents but it should be with reference to the material facts averred in the writ petition. If no documents are produced in support of the said material facts or events, that cannot be made a ground by the office to reject the synopsis. It is not necessary for the parties and the Advocates to give a synopsis of a case in the end, in a running form after furnishing the dates in a chronological 'order with relevant material facts or events pertaining to each of the dates. Therefore, once the purpose and object of this rule is understood, there should not be any scope for objections, arguments and complaints either by the office or by the litigants/Advocates Therefore, office is directed to take note of the observations made in this order and find out whether the synopsis filed in this case is according to rules or not.