The High Court held that it cannot issue routine directions for the speedy disposal of cases in subordinate courts. The Court emphasized that each court must regulate its own proceedings, adjournments should be rare and recorded, and indiscriminate directions do not serve the cause of justice.
Civil Revision Petition disposed of with no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C.R.P.No.237 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.02.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
C.R.P.No.237 of 2023
S.Baby
... Petitioner
Vs.
S.Sakkubai Ammal ... Respondent
Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the Learned Principal Subordinate Judge, Villupuram, to dispose of the suit in O.S.No.146 of 2015 within the stipulated period.
For Petitioner : Mr.N.Suresh
O R D E R
The Civil Revision Petition has been filed to direct the Learned
Principal Subordinate Judge, Villupuram, to dispose of the suit in O.S.No.146 of 2015 within the stipulated period.
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by him for specific performance is pending for the past about 7 years and longevity of the Suit increased on account of unnecessary adjournments granted by the Court on flimsy grounds.
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and for the cases, where there is an imminent urgency, which must be established by the parties concerned. In respect of all other cases, the Court concerned has to dispose of the same consistently by avoiding unnecessary adjournments on flimsy grounds. Adjournments are exceptions. Rule is to conduct the cases, whenever it is posted for hearing. No party can be allowed to take adjournment in a casual manner. Adjournments on genuine grounds are to be granted only by recording reason. Then alone the Court can form an opinion, whether, the adjournments are obtained sensibly or insensibly.
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prejudice to any one of the parties to the litigation and that is to be construed as an injustice to the parties. Therefore, adjournment on flimsy grounds would cause injustice to the parties. Thus, the Court concerned, while granting adjournments are expected to borne in mind that such adjournments are to be granted by recording reasons and on genuine grounds but not otherwise.
petitioner pleads that the Suit is pending for the past about 7 years. Mere length of time alone is not the criteria. The number of cases pending on board in a particular Court is to be taken into consideration by the High Court. That exactly is the reason why this Court has repeatedly held that the Court concerned is the best person to regulate its own proceedings on board and ensure that the cases are disposed of in a consistent manner so as to avoid unnecessary filing of such civil revision petition before the High Court seeking speedy disposal of the cases.
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speedy disposal of cases in a routine manner. Frequent directions if issued, would not provide a practical solution. Overburdening with litigations on Board is to be taken into consideration by the High Court. The routine directions for speedy disposal, if it is issued, it would further cause unnecessary pressure on the District Judiciary. In many such cases, wherein directions are issued, the District Judiciary has come out with administrative letters, seeking extension of time again and again and thus, the purpose for which such directions were issued by the High Court became defeated.
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succeed, then the same will result in miscarriage of justice and thus the Courts are expected to be cautious, while granting unnecessary adjournments on flimsy grounds. All such attempts should be thwarted by the Courts and the Court cannot aid such ill-motive of the parties.
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justification at all circumstances to be avoided. Every litigant approaching the Court of Law is waiting for justice and thus, it must be done in a consistent manner and without discriminating the litigants. Therefore issuing directions indiscriminately for speedy disposal of cases would do no service to the cause of justice. Every urgency cannot be considered for issuing a direction for speedy disposal, and the urgency, which is imminent alone to be considered.
there is a justification or acceptable reason for issuing any such directions. The Court concerned is expected to regulate its own procedures in respect of the cases on Board for effective disposal and to ensure that the cases are disposed of within a reasonable period of time.
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C.R.P.No.237 of 2023
C.R.P.No.237 of 2023 stands disposed of. However, there shall be no order
as to costs.
06.02.2023
Jeni
Index : Yes Speaking order Neutral Citation : Yes To
The Judge, Principal Subordinate Court Villupuram.
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S.M.SUBRAMANIAM, J.
Jeni
C.R.P.No.237 of 2023
06.02.2023
Page 9 of 9
3 issues framed by the court
Whether a High Court can issue routine directions for the speedy disposal of pending civil suits in subordinate courts.
Whether adjournments in civil proceedings should be granted on genuine grounds only with recorded reasons.
Whether the High Court can interfere with the court below's procedure regarding case disposal without specific justification.
1 provisions across 1 enactments
S.Baby
S.Sakkubai Ammal
S.M.SUBRAMANIAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
