TaxTMI 
TaxTMI 
2011 (7) TMI 1305
X X X X Extracts X X X X
X X X X Extracts X X X X
....mple which abundantly depicts the picture of how 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 App....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... 1992 suit, the defendants (appellants herein) sought amendment of the written statement which was refused on 28.07.2004. 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. ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....f the same. Perused the application and gone through record. Order 20 Rule 5 clearly states that court has to return finding on each issue. Even Order 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....
X X X X Extracts X X X X
X X X X Extracts X X X X
....filed a suit for mandatory injunction and recovery of Rs. 36,000/- on 22nd September, 2003. In fact, as per typed copy of the plaint placed on record, the suit was filed by the predecessor-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....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... is just to delay the trial, which is pending for the last more than 18 years. To a large extent, petitioners have been successful in delaying the judicial proceedings by filing false, frivolous and bogus applications, one after the other. It 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 repr....
X X X X Extracts X X X X
X X X X Extracts X X X X
....lue of the suit is below 3 lakhs, the suit transferred to the court of Civil Judge. 23.04.2002 Reply to application filed. Summons to Defendants other than Defendant No. 3. 21.08.2002 Counsel for the parties not present. 28.11.2002 Presiding Officer on leave. 07.12.2002 At joint request, adjourned. Last opportunity. 22.09.2003 None present. Adjourned for arguments on Order 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.....
X X X X Extracts X X X X
X X X X Extracts X X X X
....pplied. 23.12.2008 Reply filed. Come up for arguments on the application. 21.5.2009 Part arguments heard. 22.07.2009 Plaintiff does not press for the application. Dismissed. To come up for DE. 05.10.2009 Defendants witness not present. Application for exemption allowed. Affidavit already filed. 23.10.2009 Application under Order 7 Rule 1 CPC filed. Dismissed. Affidavit of Kishan Gopal tendered as DW1, and he is cross-examined and discharged. No other witness. DE closed. 11.01.2010 Presiding Officer on leave. 23.03.2010 Defendant seeks adjournment on the ground that main counsel not available. 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 g....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ll 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. 37. According to the learned Amicus Curiae if the appellants had the apprehension of imposition of realistic costs or restitution, then this litigation perhaps would not have been filed. 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 restit....
X X X X Extracts X X X X
X X X X Extracts X X X X
....that the parties were confined to those pleas which still survived the High Court's decision. Secondly, it should have directed discovery and production of documents and their admission/denial. Thirdly, if the civil judge on 6.10.2004, which was three and a half years after the dismissal of the Special Leave Petition on 16.3.2001, instead of framing the issues that he did, had, after recording the statements of the parties and partially hearing the matter should have passed the following order: "In my prima facie view, your pleadings are not sufficient to raise an issue for adverse possession, secondly how can you contend adverse possession of three-fourth share? And thirdly, your pleadings and contentions before the High Court had the 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 tha....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ency of unnecessarily prolonging the matters by the plaintiffs or the petitioners after obtaining ex-parte injunction orders or stay orders may not find encouragement. We have to dispel the common impression that a party by obtaining an injunction based on even false averments and forged documents will tire out the true owner and ultimately the true owner will have to give up to the wrongdoer his legitimate profit. It is also a matter of common experience that to achieve clandestine objects, false pleas are often taken and forged documents are filed indiscriminately in our courts because they have hardly any apprehension of being prosecuted for perjury by the courts or even pay heavy costs. In Swaran Singh v. State of Punjab (2000) 5 SCC 668 this court was 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....
X X X X Extracts X X X X
X X X X Extracts X X X X
....igants. Imposition of 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. 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....