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2013 DIGILAW 968 (ALL)

Shiv Narayan and Another v. Ramkesh and Others

2013-03-22

P.K.S.BAGHEL

body2013
Pradeep Kumar Singh Baghel, J.— The petitioners have preferred this writ petition under Article 226 of the Constitution for direction upon the Civil Judge (Junior Division) Chitrakoot to decide the application under order 39 Rule 1 CPC. In view of the proposed order there is no need to issue notice to the respondents. The writ petition is disposed of in terms of the Rules of the Court. Briefly stated the facts of the case are that the petitioners have filed a suit for permanent injunction which has been registered as Suit NO. 261 of 2012 (Shiv Narain v. Ram Shanker). The plaintiff has moved application 6-C under Order 39 Rule 1 CPC which is still pending before the learned Civil Judge. It is stated that defendant-respondents are trying to delay the matter and taking advantage of pendency of the suit. They want to change the nature of the property. Having consider the facts and circumstances of this case learned Civil Judge (Junior Division) concerned is expected to decide the application 6-C as expeditiously as possible without granting unnecessary adjournment in view of the law laid down by the Supreme Court in Ramrameshwari Devi v. Nirmala Devi, (2011) 8 SCC 249 , at page 268 wherein the Court has laid down the law in respect of the proceedings in the trial court and certain guidelines have been laid down in the aforesaid judgement. The guidelines reads as under:- "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 the 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 scrutinise, 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 the truth of the matter and doing substantial justice. 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 the 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 the parties concerned 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 a complete schedule and fix dates for all the stages of the suit, right from filing of the written statement till pronouncement of the judgment and the courts should strictly adhere to the said dates and the said timetable as far as possible. J. At the time of filing of the plaint, the trial court should prepare a complete schedule and fix dates for all the stages of the suit, right from filing of the written statement till pronouncement of the judgment and the courts should strictly adhere to the said dates and the said timetable as far as possible. If any interlocutory application is filed then the same be disposed of in between the said dates of hearings fixed in the said suit itself so that the date fixed for the main suit may not be disturbed." Same view has been taken Shiv Cotex v. Tirgun Auto Plast Private Limited, (2011) 9 SCC 678 , at page 683 : "16. No litigant has a right to abuse the procedure provided in CPC. Adjournments have grown like cancer corroding the entire body of justice delivery system. It is true that cap on adjournments to a party during the hearing of the suit provided in the proviso to Order 17 Rule 1 CPC is not mandatory and in a suitable case, on justifiable cause, the court may grant more than three adjournments to a party for its evidence but ordinarily the cap provided in the proviso to Order 17 Rule 1 CPC should be maintained. When we say "justifiable cause" what we mean to say is, a cause which is not only "sufficient cause" as contemplated in sub-rule (1) of Rule 1 of Order 17 CPC but a cause which makes the request for adjournment by a party during the hearing of the suit beyond three adjournments unavoidable and sort of a compelling necessity like sudden illness of the litigant or the witness or the lawyer; death in the family of any one of them; natural calamity like floods, earthquake, etc. in the area where any of these persons reside; an accident involving the litigant or the witness or the lawyer on way to the court and such like cause. The list is only illustrative and not exhaustive." With the aforesaid observations the writ petition is disposed of. No order as to costs. _____________