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TMI Blog2011 (7) TMI 1305X X X X Extracts X X X X X X X X Extracts X X X X ..... ow the civil litigation moves in our courts and how unscrupulous litigants (appellants in this case) can till eternity harass the respondents and their children by abusing the judicial system. 5. The basic facts which are necessary to dispose of these appeals are recapitulated as under:- 6. In the year 1952, almost about half a century ago, the government allotted a residential house bearing nos. 61-62, I-Block, Lajpat Nagar-I, measuring 200 yards to Ram Parshad. The Lease Deed was executed in his favour on 31.10.1964. 7. On humane considerations of shelter, Ram Parshad allowed his three younger brothers - Madan Lal, Krishan Gopal and Manohar Lal to reside with him in the house. On 16.11.1977, these three younger brothers filed a Civil Suit No.993 of 1977 in the High Court of Delhi claiming that this Lajpat Nagar property belonged to a joint Hindu Family and sought partition of the property on that basis. 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 he ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .07.2004. Against this order, a Civil Miscellaneous (Main) 1153 of 2004 was filed in the High Court which was disposed of on 02.09.2004 with liberty to move an application before the trial court for framing an additional issue. The additional issue regarding the claim of adverse possession by the three younger brothers was framed on 6.10.2004. The issue was whether the defendants have become the owner of three-fourth share of the suit property by adverse possession and the case was fixed up for recording of the evidence. According to the learned Amicus Curiae, the court before framing Issue Number 7 and retaining the other issues, ought to have recorded the statement of defendants under Order 10 Rule 2 of the Code of the Civil Procedure (for short, CPC) and then re-cast the issues as would have been appropriate on the pleadings of the parties as they would survive after the decision in the previous litigation. 14. According to the learned Amicus Curiae, the practice of mechanically framing the issues needs to be discouraged. Framing of issues is an important exercise. Utmost care and attention is required to be bestowed by the judicial officers/judges at the time of framing of iss ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 14 Rule 2 CPC states that the court has to pronounce the judgment on all issues notwithstanding that the case may be disposed off on preliminary issue. Sub Rule 2 refers to the discretion given to the court where the court may try issue relating to the jurisdiction of the court or the bar to the suit created by any law for the time being in force as preliminary issue. It further relates to disposal of the suit treating these points as preliminary issues and also relates to deferring the settlement of other issues. But there is no such case. Entire evidence has been led, the matter is at the stage of final arguments and the point raised does not relate to the point pertaining to Sub Rule 2. Neither it relates to bar created by any law nor the jurisdiction of the court to entertain the suit. It is averments made in the plaint. Contention of the applicant for treating the issue as preliminary issue is against the spirit of law as referred in Order 20 Rule 5 and Order 14 Rule 5 CPC. I do not see any merit in this application and the same is dismissed with the costs of Rs. 2000/-. To come up for payment of cost and final arguments. Put up on 09.08.2010 (Vipin Kumar Rai) ACJ/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or-in-interest of the respondents in 1992. Written statement was filed by the predecessor-in-interest of the appellants in 1992. Thus, the appellants tried to mislead the court by mentioning wrong date of 22nd September, 2003 as the date of filing. 24. The High Court has also dealt with number of judgments dealing with the power of the High Court under Article 227 of the Constitution. According to the High Court, the suit was filed in the trial court in 1992. The written statement was filed as far back on 15th April, 1992. On pleadings, Issue Number 4 was framed with regard to court fee and jurisdiction. The appellants never pressed that Issue Number 4 be treated as a preliminary issue. Both the parties led their respective evidence. When the suit was fixed before the trial court for final arguments, application in question was filed. The appellants argued that Issue Number 4 would also be determined along with other issues. 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 move ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is well settled that frivolous litigation clogs the wheels of justice making it difficult for courts to provide easy and speedy justice to the genuine litigations. Dismissed List for compliance on 7th October, 2010." 29. We have carefully examined the impugned judgment of the High Court and also order dated 9.7.2010 passed by the learned Civil Judge, Delhi. 30. It is abundantly clear from the facts and circumstances of this case that the appellants have seriously created obstacles at every stage during the course of trial and virtually prevented the court from proceeding with the suit. This is a typical example of how an ordinary suit moves in our courts. Some cantankerous and unscrupulous litigants on one ground or the other do not permit the courts to proceed further in the matter. 31. The learned Amicus Curiae has taken great pains in giving details of how the case has proceeded in the trial court by reproducing the entire court orders of 1992 suit. In order to properly comprehend the functioning of the trial courts, while dealing with civil cases, we deem it appropriate to reproduce the order sheets of 1992 suit. This is a typical example of how a usual civil trial p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rder 6 Rule 17. File transferred to the court of Shri Prashant Kumar, Civil Judge. 12.11.2003 Son of the Plaintiff stated that the Plaintiff has expired. Adjourned. 06.12.2003 Presiding Officer not available. 16.01.2004 Copy of application under Order 22 Rule 3 supplied. As requested, adjourned. 16.02.2004 Reply not filed. Counsel for the Defendant seeks time to file reply. 01.03.2004 Reply filed. Counsel for the Defendant objected that the addresses of Legal Representatives are not correct. 24.03.2004 Application Order 22 Rule 3 is allowed. Right to sue survives. Order 6 Rule 17 pending for disposal. 27.04.2004 Arguments heard. 22.05.2004 Plaintiff wants to file written submissions with regard to clarification. Allowed. 03.07.2004 None for Defendants. Written submissions filed by Plaintiff. 28.7.2004 Present none. Order 6 Rule 17 dismissed. 02.09.2004 None for Defendants. Fixed for PE to 06.10.2004 28.09.2004 Defendant moved application Order 14 Rule 5. Notice issued. 06.10.2004 Issues reframed. Defendant sought time to cross-examine PW. 22.11.2004 PW present. Defendant prayed for adjournment. Defendant moved application for transfer of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3.5.2010 Adjournment sought on behalf of the parties. 26.5.2010 File not traceable. 9.7.2010 Application under Section 151 CPC for treating No. 4 as preliminary issue. Dismissed with cost of Rs. 2,000/- 9.8.2010 Application for adjournment filed. 27.9.2010 Presiding Officer on leave. 23.10.2010 For final arguments. 18.12.2010 For final arguments. 22.1.2011 For final arguments. 5.2.2011 For final arguments. 26.2.2011 Sought adjournment on the ground that the matter regarding cost is pending in Hon'ble Supreme Court. 32. Dr. Arun Mohan, learned amicus curiae, has written an extremely useful, informative and unusual book "Justice, Courts and Delays". This book also deals with the main causes of delay in the administration of justice. He has also suggested some effective remedial measures. We would briefly deal with the aspect of delay in disposal of civil cases and some remedial measures and suggestions to improve the situation. According to our considered view, if these suggestions are implemented in proper perspective, then the present justice delivery system of civil litigation would certainly improve to a great extent. 33. According to the learned au ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed. According to him, ideally, having lost up to the highest court (16.03.2001), the appellants (defendants in the suit) ought to have vacated the premises and moved out on their own, but the appellants seem to have acted as most parties do-calculate the cost (risk)-benefit ratio between surrendering on their own and continuing to contest before the court. Procrastinating litigation is common place because, in practice, the courts are reluctant to order restitution and actual cost incurred by the other side. Profits for the wrongdoer 38. According to the learned Amicus Curiae, every lease on its expiry, or a license on its revocation cannot be converted itself into litigation. Unfortunately, our courts are flooded with these cases because there is an inherent profit for the wrongdoers in our system. It is a matter of common knowledge that domestic servants, gardeners, watchmen, caretakers or security men employed in a premises, whose status is that of a licensee indiscriminately file suits for injunction not to be dispossessed by making all kinds of averments and may be even filing a forged document, and then demands a chunk of money for withdrawing the suit. It is happening bec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... effect of completely negating any claim to adverse possession. ..." 43. Framing of issues is a very important stage in the civil litigation and it is the bounden duty of the court that due care, caution, diligence and attention must be bestowed by the learned Presiding Judge while framing of issues. 44. In the instant case when the entire question of title has been determined by the High Court and the Special Leave Petition against that judgment has been dismissed by this court, thereafter the trial court ought not to have framed such an issue on a point which has been finally determined upto this Court. In any case, the same was exclusively barred by the principles of res judicata. That clearly demonstrates total non-application of mind. 45. We have carefully examined the written submissions of the learned Amicus Curiae and learned counsel for the parties. We are clearly of the view that unless we ensure that wrongdoers are denied profit or undue benefit from the frivolous litigation, it would be difficult to control frivolous and uncalled for litigations. In order to curb uncalled for and frivolous litigation, the courts have to ensure that there is no incentive or motive fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s constrained to observe that perjury has become a way of life in our courts. 49. It is a typical example how a litigation proceeds and continues and in the end there is a profit for the wrongdoer. 50. Learned amicus articulated common man's general impression about litigation in following words: "Make any false averment, conceal any fact, raise any plea, produce any false document, deny any genuine document, it will successfully stall the litigation, and in any case, delay the matter endlessly. The other party will be coerced into a settlement which will be profitable for me and the probability of the court ordering prosecution for perjury is less than that of meeting with an accident while crossing the road." This court in Swaran Singh (Supra) observed as under: "... ... ...Perjury has also become a way of life in the law courts. A trial Judge knows that the witness is telling a lie and is going back on his previous statement, yet he does not wish to punish him or even file a complaint against him. He is required to sign the complaint himself which deters him from filing the complaint. Perhaps law needs amendment to clause (b) of Section 340 (3) of the Code of Criminal Pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ments 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 m ..... 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