Justice delayed or justice denied
MSC Shekar
(Querist) 22 October 2016
This query is : Resolved
In a Original Suit involving Plaintiff (private party) a Senior Citizen and two Govt. Departments as Defendants. The Suit was filed under Specific Relief Act for claiming certain records from the Govt. Department. One of the Govt Dept. was Ex-Parte and the other Contested the suit which was dragged for SIX YEARS time.
In between the Plaintiff filed several Petitions for call for Records and other purposes that was allowed by the Trial Court since the only contesting Govt Dept. failed to object and argue the same.
Finally the Second Govt. Department could not file any evidence from their side and they were no arguments also.
The Suit was dismissed without costs by the Trial Court which says the suit is Uncontested. Order copy yet to be received as on date.
Hence the following questions arise?
1. Does it take Six Years of time for a Trial Court to decide whether a Plaint is maintainable or not and why was it not dismissed at the admission stage.?
2. Finally if the Trial Court finds that the Suit is not maintainable at the last stage, Why was Petitions allowed by the court there by wasting Senior Citizens precious time?
3. Is the above action of the Trial Court correct or Wrong, because justice delayed amounts to justice denied.
Please advise. Thanks in advance.
Devajyoti Barman
(Expert) 22 October 2016
1, It was mistaje in the apert of defendatn than the court as had the defendant filed a petition under order 7 rule 11 of cpc then the court would have adjudicated maintainability of plaint at the every beginning saving everybody's time.
2. At the time of presentation of plaint for filing the court does not adjudicate on the merit of the case. it is done only during trial or at the time of rejection of plaint petition.
3. The court has done the things very rightly and in compliance of established judicial practice.
R.K Nanda
(Expert) 23 October 2016
Nothing to add more.
Rajendra K Goyal
(Expert) 23 October 2016
Agree with the expert Devajyoti Barman.