Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Civil Procedure Administration of justice 1908 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Civil Procedure, 1908 (5 of 1908) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Administration of justice - Civil litigation - Delay in disposal of civil cases/Uncalled for and frivolous litigation - Curbing of - Held: Steps to be taken by trial courts while dealing with criminal trials - Stated.Code of Civil Procedure, 1908: Actual or realistic costs - Determination of - Held: Pragmatic realities are to be taken into consideration and courts have to be realistic to what the defendants or the respondents had to actually incur in contesting the litigation before different courts - Prevalent fee structure of the lawyers and other miscellaneous expenses are to be taken into consideration - It is to be seen that for how long the defendants or respondents were compelled to contest and defend the litigation in various courts - On facts, appellants harassed the respondents to the hilt for four decades in a totally frivolous and dishonest litigation in various courts - They also wasted judicial time of the various courts for the last 40 years - Thus, the appeals are dismissed with costs, quantified as Rs.2,00,0001- along with the costs imposed by the High Court which is Rs. 75,0001-, payable by the appellants to the respondents.Ex-parte ad interim injunctions - When to be granted - Held: The court should grant interim injunction or stay order only after hearing the defendants or the respondents - In case the court has to grant ex-parte injunction in exceptional cases, then it must record in the order that if the suit is eventually dismissed, the plaintiff or the petitioner would pay full restitution, actual or realistic costs and mesne profits - If an ex-parte injunction order is granted, then the court should dispose of the application for injunction as expeditiously as may be possible, as soon as the defendant appears in the court - It should be granted only for a short period - If party obtains an injunction based on false averments and forged documents, he should be prosecuted.Framing of issues - Duty of the court - Held.; Framing of issues is a very important stage in the civil litigation - Due care, caution, diligence and attention must be bestowed by the Presiding Judge while framing of issues - On facts, the trial court ought not to have framed an issue on a point which was finally determined upto this Court - The same was exclusively barred by the principles of res judicata - Doctrines/Principles. |
Judge | Hon'ble Mr. Justice Dalveer Bhandari |
Neutral Citation | 2011 INSC 450 |
Petitioner | Rameshwari Devi & Ors. |
Respondent | Nirmala Devi & Ors. |
SCR | [2011] 8 S.C.R. 992 |
Judgement Date | 2011-07-04 |
Case Number | 4912-4913 |
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