NOOR MOHAMMED versus JETHANAND AND ANOTHER

Citation: [2013] 3 S.C.R. 1146 · Decided: 29-01-2013 · Supreme Court of India · Bench: K.S. RADHAKRISHNAN · Disposal: Disposed off

Cited by 2 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

A 
B 
[2013) 3 S.C.R. 1146 
NOOR MOHAMMED 
v. 
JETHANAND AND ANOTHER 
(Special Leave Petition (C) No. 25848 of 2011) 
JANUARY 29, 2013 
[K.S. RADHAKRISHNAN AND DIPAK MISRA, JJ.] 
Code of Civil Procedure, 1908- s. 100 - Second appeal 
- Abuse of process of Court - Delayed delineation of 
C controversy -
Procrastination on account of frequent 
adjournments - Non-demonstration of due diligence to deal 
with the matter - Deprecated - Held: Dispensation of 
expeditious justice is the constitutional command - Whatever 
may be the nature of litigation, speedy and appropriate 
D delineation is fundamental to judicial duty - Delayed 
delineation of a controversy in a court of law creates a dent 
in the normative dispensation of justice and in the ultimate 
eventuate, thEI Bench and the Bar gradually lose their 
reverence, for the sense of divinity and nobility really flows 
E from institutional serviceability - In a democratic body polity 
governed by a written Constitution and where Rule of Law is 
paramount, judiciary is regarded as sentinel on the qui vive 
not only to protect the Fundamental Rights of the citizens but 
also to see that the democratic values as enshrined in the 
F Constitution are respected and the faith and hope of the 
people in the constitutional system are not atrophied - In the 
instant case, the High Court should not have shown 
indulgence of such magnitude by adjourning the matter when 
the counsel for the appellant was not present - It is difficult to 
G envision why the Court directed fresh notice to the appellant 
when there was nothing suggestive for passing of such an 
order - The counsel sought adjournment after adjournment 
in a nonchalant manner and the same were granted in a 
routine fashion - Duty of the counsel as the officer of the court 
H 
1146 
NOOR MOHAMMED v. JETHANAND 
1147 
to assist the court in a properly prepared manner and not to 
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seek unnecessary adjournments - All involved in the justice 
dispensation system, which includes the Judges, the lawyers, 
the judicial officers who work in courts, the law officers of the 
State, the Registry and the litigants, have to show dedicated 
diligence so that a controversy is put to rest - Chief Justice 
B 
of the High Courts to conceive and adopt a mechanism, 
regard being had to the prioiity of cases, to avoid inordinate 
delays in matters which can really be dealt with in an 
expeditious manner - Judiciary. 
The respondent-plaintiff filed suit for injunction which 
C 
was dismissed by the trial court. The order was upheld 
in appeal. In 2001, the respondent filed second appeal, 
which remained pending for long, primarily due to 
adjournments on account of non-appearance of the 
counsel. The second appeal was ultimately dismissed by 
D 
the High Court for non-prosecution in the year 2003. In 
2006, the second appeal was restored to file while the 
ministerial order of restoration was recorded in 2010. 
Ultimately, in the year 2011, the second appeal was 
admitted on two substantial questions of law and the 
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judgment and decree of both the courts below were 
stayed by the High Court by the impugned order. 
The petitioner-defendant contended before this Court 
that no substantial question of law was involved and that 
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the High Court had no reason to entertain the second 
appeal on the factual score. 
Disposing of the Special Leave Petition, the Court 
HELD: 1.1. In the facts and circumstances of the 
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instant case, there is no requirement to interfere with the 
order of the High Court, but there is a compelling need 
to say something in regard to the disturbing manner in 
which the proceedings in the second appeal continued. 
[Para 1 OJ [1159-C-D] 
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1148 
SUPREME COURT REPORTS 
[2013] 3 S.C.R. 
A 
1.2. The proceedings in the second appeal before the 
High Court epitomizes the corrosive effect that 
adjournments can have on a litigation and how a lis can 
get entangled in the tentacles of an octopus. The 
philosophy of justice, the role of a lawyer and the court, 
B the obligation of a litigant and all legislative commands, 
the nobility of the Bench and the Bar, the ability and 
efficiency of all concerned and ultimately the divinity of 
law are likely to make way for apathy and indifference 
when delay of the present nature takes place, for 
c procrastination on the part of anyone destroys the values 
of life and creates a catastrophic turbulence in the 
sanctity of law. The virtues of adjudication cannot be 
allowed to be pa

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