Ramrameshwari Devi & Ors vs Nirmala Devi & Ors

5. The basic facts which are necessary to dispose of these appeals are recapitulated as under:-

The Lease Deed was executed in his favour on 31.10.1964.

8. The suit was dismissed by a judgment dated 18.01.1982 by the learned Single Judge of the High Court of Delhi. The appellants (younger brothers) of Ram Parshad, aggrieved by the said judgment preferred a Regular First Appeal (Original Side) 4 of 1982 which was admitted to hearing on 09.03.1982.

9. The first appeal filed by the other three younger brothers of Ram Parshad against Ram Parshad was dismissed on 09.11.2000. Against the concurrent findings of both of the judgments, the appellants filed a Special Leave Petition No.3740 of 2001 in this court which was also dismissed on 16.03.2001.

12. The Regular First Appeal was dismissed on 9.11.2000 and the Special leave petition against the said appeal was also 5 dismissed on 16.3.2001. Consequently, the suit filed by Ram Parshad for mandatory injunction and for mesne profit stood revived on 05.12.2001.

15. In the suit, on 6.11.2004 the application seeking transfer of the suit from that court was filed which was dismissed by the learned District Judge on 22.3.2005. The trial commenced on 22.11.2004, adjournment was sought and was granted against costs. The plaintiffs' evidence was concluded on 10.2.2005.

16. On 28.5.2005 the defendants failed to produce the evidence and their evidence was closed. Against that order, Civil Miscellaneous (Main) 1490 of 2005 was filed in the Delhi High Court. Stay was granted on 15.7.2005 and the 7 application was dismissed on 17.12.2007 with liberty to move an application for taking on record further documents.

17. On 12.2.2008, an application under Order 18 Rule 17A of the CPC was moved. On `No Objection' from the plaintiff, it was allowed on 31.7.2008 and the documents and affidavits were taken on record. On 23.10.2009, the matter was fixed for evidence. The appellants filed an application under Order 7 Rule 11 (b) of the CPC for rejection of the 1992 plaint on the ground of not paying ad valorem court fees on the market value of property and for under-valuation of relief. This application was dismissed by the Civil Judge on 09.07.2010 by the following order :-

19. On 09.07.2010, the defendants filed an application before the Civil Judge for treating Issue Number 4 as a preliminary issue. This application was rejected by the Civil Court on 9.7.2010 with costs. The matter is at the stage of final arguments before the trial court. At this stage, against the order of the Civil Judge, on 7.8.2010, the appellants filed a petition being Civil Miscellaneous (Main) No.1084 of 2010 under Article 227 of the Constitution in the High Court which came up for preliminary hearing on 26.8.2010. On 1.9.2010, the High Court dismissed the Civil Miscellaneous (Main) No.1084 of 2010 by a detailed judgment rendered at the 1 preliminary hearing and imposed cost of Rs.75000/- to be deposited with the Registrar General. Review Petition No. 429 of 2010 was filed which was dismissed on 25.10.2010.

25. In the impugned judgment, it is also observed that it is revealed from the record that the appellants have been moving one application after the other, though all were dismissed with costs.

26. It may be pertinent to mention that the appellants also moved transfer application apprehending adverse order from the trial judge, which was also dismissed by the learned District Judge. This conduct of the appellants demonstrates that they are determined not to allow the trial court to proceed with the suit. They are creating all kinds of hurdles and obstacles at every stage of the proceedings.

34. According to Dr. Mohan, in our legal system, uncalled for litigation gets encouragement because our courts do not impose realistic costs. The parties raise unwarranted claims and defences and also adopt obstructionist and delaying tactics because the courts do not impose actual or realistic costs. Ordinarily, the successful party usually remains uncompensated in our courts and that operates as the main motivating factor for unscrupulous litigants. Unless the courts, by appropriate orders or directions remove the cause for motivation or the incentives, uncalled for litigation will continue to accrue, and there will be expansion and obstruction of the litigation. Court time and resources will be consumed and justice will be both delayed and denied.

36. According to him the cost (risk) - benefit ratio is directly dependent on what costs and penalties will the court impose on him; and the benefit will come in as the other `succumbing' en route and or leaving a profit for him, or even if it is a fight to the end, the court still leaving a profit with him as unrestituted gains or unassessed short levied costs. Litigation perception of the probability of the other party getting tired and succumbing to the delays and settling with him and the court ultimately awarding what kind of restitution, costs and fines against him - paltry or realistic. This perception ought to be the real risk evaluation.

Procrastinating litigation is common place because, in practice, the courts are reluctant to order restitution and actual cost incurred by the other side.

41. While granting ad interim ex-parte injunction or stay order the court must record undertaking from the plaintiff or the petitioner that he will have to pay mesne profits at the market rate and costs in the event of dismissal of interim application and the suit.

46. Usually the court should be cautious and extremely careful while granting ex-parte ad interim injunctions. The better course for the court is to give a short notice and in some cases even dasti notice, hear both the parties and then pass suitable biparte orders. Experience reveals that ex-parte interim injunction orders in some cases can create havoc and getting them vacated or modified in our existing judicial system is a nightmare. Therefore, as a rule, the court should grant interim injunction or stay order only after hearing the defendants or the respondents and in case the court has to grant ex-parte injunction in exceptional cases then while granting injunction it must record in the order that if the suit 3 is eventually dismissed, the plaintiff or the petitioner will have to pay full restitution, actual or realistic costs and mesne profits.

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.

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.

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 3 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.

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 3 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 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.

56. On consideration of totality of the facts and circumstances of this case, we do not find any infirmity in the 3 well reasoned impugned order/judgment. These appeals are consequently dismissed with costs, which we quantify as Rs.2,00,000/- (Rupees Two Lakhs only). We are imposing the costs not out of anguish but by following the fundamental principle that wrongdoers should not get benefit out of frivolous litigation.

57. The appellants are directed to pay the costs imposed by this court along with the costs imposed by the High Court to the respondents within six weeks from today.

58. The suit pending before the trial court is at the final stage of the arguments, therefore, the said suit is directed to be disposed of as expeditiously as possible and in any event within three months from the date of the communication of the order.

59. We make it abundantly clear that the trial court should not be influenced by any observation or finding arrived at by us in dealing with these appeals as we have not decided the matter on merits of the case.

61. These appeals are accordingly disposed of in terms of the aforementioned directions.