This is a classic case and a mirror to the fact that litigant public may become disillusioned with judicial processes due to inordinate delay in the legal proceedings, not reaching its logical end, and moving at a snail’s pace due to dilatory tactics adopted by one or the other party. The said suit, OS No.2 of 1982, was instituted for the relief to declare the sale deed, executed by Shri Mangal Singh (hereinafter referred to as ‘first defendant’ for the sake of convenience) in favour of defendants No.4 to 32 in respect of the suit properties described in the plaints schedule as item No.1 to 8, to be null and void by claiming to be the owner of the said properties; and for a decree of possession of the suit properties with costs. (Para 1)
On the death of a party to the suit it is the legal representative who is/are entitled to prosecute the proceedings and, in law, represent the estate of the deceased. The legal representative who is brought on record not only includes a legatee under a Will but also an intermeddler of the property who would be entitled to sue and to be sued and/or continue to prosecute the proceedings. This vital aspect seems to have been lost sight of by the courts below conveniently. (Para 3)
In the said proceedings a substitution application came to be filed by the legal representative of Mangal Singh stating thereunder that Yashpal Jain (appellant herein) is the legal representative of deceased Urmila Devi and prayed for his name to be substituted. The said application came to be allowed vide order dated 24.02.2012 and appellant herein was substituted as the legal representative of Urmila Devi in writ proceedings. There is no further challenge to said order or in other words, it has attained finality. (Para 4)
As already noticed hereinabove, appellant herein filed an application for substitution as legal representative of the original plaintiff-Urmila Devi along with an application for condoning the delay in filing said application and to set aside the abatement. The said application came to be allowed vide Order dated 09.05.2012. Being aggrieved by the said order, the Legal Representatives of Mangal Singh filed Civil Revision No.4 of 2012 before the District Judge who affirmed the Order of the Trial Court and dismissed the Revision Petition by Order dated 13.12.2012. The legal representatives of Mangal Singh filed WP No.144 of 2013 before the High Court challenging the Orders dated 09.05.2012 and 13.12.2012 passed by the Trial Court and the Revisional Court, respectively. The High Court allowed the writ petition by quashing the impugned orders and rejecting the application of the appellant herein, thereby restoring the original order dated 17.05.2008 wherein Manoj Jain had been ordered for being substituted as legal representative of late Urmila Devi on the strength of the registered Will dated 19.05.1999 propounded by him with a direction to conclude the proceedings within a period of 9 months. Being aggrieved by the same, the present appeal has been filed. (Para 5)
We are of the considered view that following points would arise for our consideration: (i) Whether the impugned order dated 28.11.2019 passed in Writ Petition (M/S) No.144 of 2013 quashing the orders dated 13.12.2012 rendered in Civil Revision No.4 of 2012 by the High Court whereby the order dated 09.05.2012 passed by trial court allowing the impleadment application filed by the appellant herein had been rejected, is to be sustained or set aside? (ii) Whether any further direction or directions requires to be issued for concluding the proceedings in a time bound manner on account of Suit No.2 of 1985 pending for trial for past 41 years? (iii) What order? (Para 9)
In this background the impugned order which has resulted in rejection of the application filed by the appellant to be brought on record as legal representative of Urmila Devi if sustained would result in the estate of deceased plaintiff not being represented, as a consequence of which suit would abate or would be put to a silent death by the defendants without claim made in the suit being adjudicated on merits. Hence, point No.(i) is answered in favour of the appellant and against respondents and therefore, the impugned order is set aside. (Para 16)
Case papers on hand would disclose that dispute between the parties relates back to 02.02.1982 the date of institution of the suit No.2/1982 by the original plaintiff Smt. Urmila Devi. As to the stage of the suit namely, as to whether trial has commenced or otherwise, the material available before this court are silent but the fact remains that proceedings have got protracted from 1982 till demise of Urmila Devi on 18.05.2007 and thereafter it has moved at a snail’s pace or in other words, the litigation seems to have not been taken to its logical end for reasons best known. The death of the original plaintiff opened up a flood of litigation and as a result of it, several orders came to be passed by the courts below, both in original jurisdiction and revisional jurisdiction, which also reached the High Cout and ultimately before this Court by the present proceedings. The cause for delay has been myriad. It is for this reason we have expressed our anguish at the beginning of this judgment as to likelihood of litigant public getting disillusioned of justice delivery system due to delays. (Para 18)
When millions of consumers of justice file their cases by knocking at the doors of the courts of first instance, they expect speedy justice. Thus, an onerous responsibility vests on all stakeholders to ensure that the people’s faith in this system is not eroded on account of delayed justice. (Para 19)
At the outset, it is necessary to point out the reasons for delay in civil trial namely: (i) Absence of strict compliance with the provisions of CPC; (ii) Misuse of processes of the court; (iii) Lengthy/prolix evidence and arguments. Nonutilization of provisions of the CPC namely Order X (examination of parties at the first hearing); (v) Non-Awarding of realistic cost for frivolous and vexatious litigation; (vi) Lack of adequate training and appropriate orientation course to judicial officers and lawyers; (vii) Lack of prioritization of cases; (viii) Lack of accountability and transparency. (Para 27)
Thus, an onerous responsibility rests on the shoulders of the presiding officer of every court, who should be cautious and vigilant against such indolent acts and persons who attempt to thwart quick dispensation of justice. (Para 28)
In-fact, the utilization of the provision of CPC to the hilt would reduce the delays. It is on account of non-application of many provisions of the CPC by the presiding officers of the courts is one of the reason or cause for delay in the proceedings or disputes not reaching to its logical conclusion. (Para 29)
The spectre of delay and pendency has cast a long shadow upon the very dispensation of justice. (Para 35)
The following directions are issued:
i. All courts at district and taluka levels shall ensure proper execution of the summons and in a time bound manner as prescribed under Order V Rule (2) of CPC and same shall be monitored by Principal District Judges and after collating the statistics they shall forward the same to be placed before the committee constituted by the High Court for its consideration and monitoring.
ii. All courts at District and Taluka level shall ensure that written statement is filed within the prescribed limit namely as prescribed under Order VIII Rule 1 and preferably within 30 days and to assign reasons in writing as to why the time limit is being extended beyond 30 days as indicated under proviso to sub-Rule (1) of Order VIII of CPC.
iii. All courts at Districts and Talukas shall ensure after the pleadings are complete, the parties should be called upon to appear on the day fixed as indicated in Order X and record the admissions and denials and the court shall direct the parties to the suit to opt for either mode of the settlement outside the court as specified in sub-Section (1) of Section 89 and at the option of the parties shall fix the date of appearance before such forum or authority and in the event of the parties opting to any one of the modes of settlement directions be issued to appear on the date, time and venue fixed and the parties shall so appear before such authority/forum without any further notice at such designated place and time and it shall also be made clear in the reference order that trial is fixed beyond the period of two months making it clear that in the event of ADR not being fruitful, the trial would commence on the next day so fixed and would proceed on day-to-day basis.
iv. In the event of the party’s failure to opt for ADR namely resolution of dispute as prescribed under Section 89(1) the court should frame the issues for its determination within one week preferably, in the open court.
v. Fixing of the date of trial shall be in consultation with the learned advocates appearing for the parties to enable them to adjust their calendar. Once the date of trial is fixed, the trial should proceed accordingly to the extent possible, on day-to-day basis.
vi. Learned trial judges of District and Taluka Courts shall as far as possible maintain the diary for ensuring that only such number of cases as can be handled on any given day for trial and complete the recording of evidence so as to avoid overcrowding of the cases and as a sequence of it would result in adjournment being sought and thereby preventing any inconvenience being caused to the stakeholders.
viiThe counsels representing the parties may be enlightened of the provisions of Order XI and Order XII so as to narrow down the scope of dispute and it would be also the onerous responsibility of the Bar Associations and Bar Councils to have periodical refresher courses and preferably by virtual mode.
viii. The trial courts shall scrupulously, meticulously and without fail comply with the provisions of Rule 1 of Order XVII and once the trial has commenced it shall be proceeded from day to day as contemplated under the proviso to Rule (2).
ix. The courts shall give meaningful effect to the provisions for payment of cost for ensuring that no adjournment is sought for procrastination of the litigation and the opposite party is suitably compensated in the event of such adjournment is being granted.
x. At conclusion of trial the oral arguments shall be heard immediately and continuously and judgment be pronounced within the period stipulated under Order XX of CPC.
xi. The statistics relating to the cases pending in each court beyond 5 years shall be forwarded by every presiding officer to the Principal District Judge once in a month who (Principal District Judge/District Judge) shall collate the same and forward it to the review committee constituted by the respective High Courts for enabling it to take further steps.
xii. The Committee so constituted by the Hon’ble Chief Justice of the respective States shall meet at least once in two months and direct such corrective measures to be taken by concerned court as deemed fit and shall also monitor the old cases (preferably which are pending for more than 05 years) constantly. It is also made clear that further directions for implementation of the above directions would be issued from time to time, if necessary, and as may be directed by this Court. (Para 39)
SUPREME COURT OF INDIA
2023 STPL(Web) 375 SC
[2023 INSC 948]
Yashpal Jain Vs. Sushila Devi & Others
Civil Appeal No. 4296 of 2023-Decided on 20-10-2023
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