Delhi HC Slams Practice Of Filing Meritless Interlocutory Applications To Delay Cases
The Delhi High Court has come down heavily on the practice of filing meritless Interlocutory Applications in civil suits and in other pending petitions to delay cases.
The bench of Justice Chandra Dhari Singh observed that "…this Court berates as to how a web of complex IAs is deliberately created in the civil suits as well as other petitions pending only to ensure that the main matter never meets its logical conclusion and the precious judicial time is exhausted in adjudicating only the numerous IAs."
The Court noted that until the bar and bench fixes the responsibility qua the meritless IAs filed, the main matters will continue to linger.
"It should be noted that until the Bar and Bench comes together to fix responsibility qua the meritless IAs filed, the main matters will continue to linger and will never see the light of the day. This court is conscious of its duty to the citizens of the country and hence, is constrained to make such observations.", the Court noted.
The Court made this observation while dealing with a matter revolving around the appointment of an administrator pendent lite and removal of the executors appointed by the Testator by way of the Will.
Advocate Samrat Nigam appeared for the petitioner whereas Senior Advocate Rajesh Yadav, Advocates Pavitra Kaur, Tanmaya Mehta appeared for Respondents.
The application was filed by one of the beneficiaries of the Will under probate, under Section 247 of the Indian Succession Act, 1925 seeking appointment of Administrator of the Estate and assets of Testator also for issuance of temporary injunction restraining the Petitioner, Respondents No. 2 and 3 from alienating or creating third-party rights qua the estate and assets of the testator in the Will.
After having discussion on the law, the Court held that the present application is not only liable to be dismissed on merits but also on the ground of maintainability.
"Accordingly, IA No.9861/2022 being devoid of any merit is dismissed both on the grounds of maintainability as well as on merits…", the Court held.
Cause Title- Swapnil Gupta & Anr. v. Govt of NCT of Delhi & Ors. (Neutral Citation No:2022/DHC/005814)