Speaking for the bench, Justice Dalveer Bhandari said: ‘It takes decades for the final determination of the controversy and the wrongdoers (unscrupulous litigants) are never punished. Pragmatic approach of the courts would partly solve the housing problem of this country.’
The court made the observation while dismissing an appeal by Rameshwari Devi and others staking claim over the property of Nirmala Devi and others of a colony in south Delhi. Describing the appellant as ‘unscrupulous litigants’, the court imposed a cost of Rs.2 lakh on them.
The court said the situation has come to such a pass because going by cost (risk)-benefit ratio, a person engaged in frivolous litigation finds it profitable in procrastinating the litigation.
The deceitful acts of such litigants get aided by the reluctance of the courts to ‘order restitution and actual costs incurred by the other side’, the apex court observed.
The Supreme Court remarked that ‘Unfortunately, our courts are flooded with these cases because there is an inherent profit for the wrongdoers in our system’ .... It is happening because it is the general impression that even if ultimately an unauthorised person is thrown out of the premises, the court would not ordinarily punish the unauthorised person by awarding realistic and actual mesne (average) profits, imposing costs and ordering prosecution.’
Asking the civil courts not to grant ex-parte injunctions without hearing the other side, the judgment said that even if injunction had to be granted, it should be time-bound and for a short period.
In para 52 of the judgment the apex court issued following commandants that the trial courts in civil matters must follow in dealing with such cases:
"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-
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 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 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 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 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.
documents. It is the bounden 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 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 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 complete schedule and fix dates for all the stages of the suit, right from filing of the written statement till 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.
pronouncement of judgment and the courts should strictly adhere to the said dates and the said time table 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."
The court said that the imposition of ‘actual, realistic or proper cost and ordering prosecution would go a long way in controlling the tendency of introducing false pleadings and forged and fabricated documents by the litigants’ and thus save the ‘scarce and valuable time’ of the court.
