LexRAMESHWARI DEVI & ORS. versus NIRMALA DEVI & ORS.
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\ B [2011] 8 S.C.R. 992 RAMESHWARI DEVI & ORS. v. NIRMALA DEVI & ORS. (Civil Appeal Nos. 4912-4913 of 2011) JULY 4, 2011 [DALVEER BHANDARI AND DEEPAK VERMA, JJ.] Administration of justice - Civil litigation - Delay in disposal of civil cases/Uncalled for and frivolous litigation - C 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: D 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 E 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 - F They a/so 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- a/ongwith the costs imposed by the High Court which is Rs. 75,0001-, payable by the appellants to the respondents. / G 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, H 992 RAMESHWARI DEVI & ORS. v. NIRMALA DEVI & 993 ORS. then it must record in the order that if the suit is eventually A 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 B 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 C 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 - D Doctrines/Principles. 'RP' was allotted a house and on humane considerations of shelte·r, he allowed his brothers- appellants to reside with him. The appellants filed a suit E for partition in the year 1977, which was dismissed. Thereafter, they filed a Regular First Appeal. During pendency, 'RP' filed a suit against the appellants for mandatory injunction to remove them and for recovery of mesne profits. Meanwhile, 'RP' sold part of his property. Thereafter, RFA was dismissed. The Special Leave Petition filed thereagainst was also dismissed. The suit for mandatory injunction stood revived. Thereafter, applications after applications were filed by the F , appellants at every stage raising various claims. The issues were framed. Finally, the High Court dismissed the G Civil Miscellaneous Petition which was filed in the year 2010, rendered at the preliminary hearing and imposed cost of Rs. 75,0001-. The Review Petition filed thereagainst was also dismissed. Thus, the appellants filed the instant appeals. H 994 SUPREME COURT REPORTS [2011] 8 S.C.R. A Disposing of the appeals, the Court HELD: 1.1 If the remedial meas!Jres and suggestions to improve the aspect of delay in disposal of civil cases are implemented in proper perspective, then the present 8 justice delivery system of civil litigation would certainly improve to a great extent. [Para 32) (1017-H; 1018-A] •Justice, Courts and Delays" by Dr. Arun Mohan - referred to. C 1.2 90% of the time and resources of the Indian courts are consumed in attending to uncalled for litigation, which is created only because our current procedures and practices hold out an incentive for the wrong- doer. Those involved receive less than full justice o and there are many more in the country, in fact, a greater number than those involved who suffer injustice b
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