“Justice
delayed is justice denied” is a well know legal maxim, meaning that if legal
redress is available for a party that has suffered some injury, but is not
forthcoming in a timely fashion, it is effectively the same as having no
redress at all. A simple statement but a
very deep and profound one. Our Hon’ble
Apex Court had dealt with the aspect of delay in disposing civil cases and some
remedial measures and suggestions to improve the situation.
The Hon’ble Supreme Court in Ramrameshwari Devi and ors. V Nirmala Devi
and Ors14 have dealt with the aspect of delay in
disposal of civil cases and some remedial measures and suggestions to improve
the situation. According to the opinion of the Supreme Court the 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 foundation of the claims or
parties. Civil litigation is largely based on documents. It is the bounded duty
and obligation of the trial judge to carefully scrutinize, 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 code. If this exercise is carefully carried out, it would focus
the controversies involved in the case and help the court in arriving at 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 concerned parties appropriate orders should be passed.
F. Litigants who obtained ex-parte ad interim
injunction on the strength of false pleading 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 I order to do real and substantial justice.
H. Every case emanates from a human or a
commercial problem and the court must take serious endeavor 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 complete schedule and fix dates for all the stage so
the suit, right from filing of the written statement till pronouncement of judgment
and courts should strictly adhere to the said dates and the said time tables as
far as possible. If any interlocutory applications 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 for the main suit may not be disturbed.
According to the Hon’ble Supreme Court, if the
aforesaid steps are followed the prevailing system of adjudication of civil
courts is bound to improve.
