Civil Court Cannot Adopt Shortcut Method To Dispose Of A Case Even If There Are Directions By High Court To Expedite Trial: MP HC
The Madhya Pradesh High Court has held that for disposal of a case pending since long, Civil Court cannot adopt a shortcut method even if there are directions issued by the High Court to expedite the trial.
“In the considered opinion of this Court only for disposal of a case, which is pending since long, no such order can be passed by the Civil Court by adopting a shortcut method, even if there are directions issued by the High Court to expedite the trial.”, Justice Subodh Abhyankar observed.
In this case, a Judge of the Trial Court recalled its own order whereby the application filed by the plaintiffs to call for certain documents of their ancestor was allowed.
Advocate Nitin Phadke appeared for Petitioners whereas Advocate Avinash Kumar Khare appeared for Respondents.
The High Court noted that the reason for such recall is stated to be to expedite the trial as it is pending since long and as per the directions issued by the High Court, these matters have to be disposed of at an early date.
The Court observed that in case of any difficulty, the Judge of the Trial Court was expected to take guidance from the High Court.
“In case of any difficulty, the learned Judge of the trial Court was expected to take guidance from the High Court, but to resort to such measure, i.e., to recall its own order and snap the further right of the plaintiffs to lead evidence only for the disposal's sake, is a procedure alien to the CPC and by no stretch of imagination, can be said to be legal, just or proper.”, the Court observed.
Thus the Court set aside the Order whereby the Judge of the Trial Court recalled its earlier order.
The Court further directed the plaintiffs to produce the certified copies of the documents, if available, within a period of three weeks and notwithstanding the production of such documents, the plaintiffs shall also be allowed to lead their evidence within further one month's time.
Cause Title- Shailesh Shastri & Ors. v. Avdhesh & Ors.