2014 (5) TMI 1232

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....ndant Nos. 6 to 15 and with a view to stem the ill-effects of such a practice and the difficulty the trial Judge must face in passing a common order mixed-up by both law and facts I feel that it will serve the cause of justice more suitably if the learned trial Judge is asked to decide by separate orders the matters afresh after the applicant is called upon to file two independent applications with proper court fee affixed thereon and presented in the proper form. This would serve the ends of justice in a wholesome manner and make it easier for the trial court and this Court whenever such challenge is laid again. As a prophylactic, trial courts should disallow acceptance of such clubbed applications at the threshold, and if insisted, the....

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....e of them would have a right to file their defence by presentation of a written statement admitting or denying the facts on which the plaintiff relies upon to obtain a decree. All such newly added parties would have a right to do many things including filing or presenting set offs and counter claims, applications under Order 7 Rule 10 & 11 CPC, raising issues of limitations, seeking recall of witnesses examined by the plaintiff in their absence to face cross-examination, demanding reframing of issues, relying on burden and onus, and godknows- what, and other lurking steps in the proceedings not known or imagined even to a trained legal mind. Then, if the proposed amendments are allowed then each of the newly added defendants would have a ri....

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....in arriving at just conclusions before any final opinion is expressed on each of them on their merits. If this is done it would make it handy for this Court to see ultimately as to what weighed in the mind of the learned trial Judge in the interlocutory matters with far greater ease than obtaining today. The High Court should not be stressed-out to deal with such a combined application compressed into one impugned order needlessly to unravel causing sheer wastage of its precious time in trying to separate what was so casually and mindlessly mixed-up in a cocktail by virtue of bad advice given by some trial lawyer to his client clubbing two disparate legal elements in a portmanteau application claiming amendment in pleadings and at the sa....

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.... argument presented before him. But the bane is that the trial court unfortunately is not empowered to exercise summary jurisdiction of dismissal of misconceived, vexatious, frivolous, and mala fide applications designed only to obstruct the sound rhythm of a suit to achieve its target milestones within a reasonable time and bring it to fruition. Such power should deservedly be conferred on subordinate judges to deliver justice at the doorstep in limine without compromising the quality of justice delivered. But this is for Parliament to remedy and devise ways and means to achieve removal of obstructions designed to impede the life of a suit or wilt its many leaves. Said Judge Learned Hand: "Thou shall not ration justice" But time a....