RAMESHWARI DEVI & Ors. v. NIRMALA DEVI & Ors.

1.6 It is a matter of common knowledge that lakhs of flats and houses are kept locked for years, particularly in C big cities and metropolitan cities, because owners are not certain that even after expiry of lease or licence period, the house, flat or the apartment would be vacated or not. It takes decades for final determination of the controversy and wrongdoers are never adequately punished. D Pragmatic approach of the courts would partly solve the housing problem of this country. The courts have to be extremely careful in granting ad-interim ex-parte injunction. If injunction has been granted on the basis of false pleadings or forged documents, then the concerned E ,, court must impose costs, grant realistic or actual mesne profits and/or order prosecution. This must be done to discourage the dishonest and unscrupulous litigants from abusing the judicial system. In substance, the incentive or profit for the wrongdoer is to be removed. F While granting ad interim ex-parte injunction or stay order the court must record undertaking from the plaintiff or the petitioner that he will have to pay mesne profits at the market rate and costs in the event of dismissal of interim application and the suit. [Paras 39, 40 and 41] [1020-B-E] G

1.7 In the instant case, the court should have first examined the pleadings and then not only granted leave to amend but dir~cted amendment of the pleadings so that the parties were confined to those pleas which still survived the High Court's decision. Secondly, it should H have directed discovery and production of documents RAMESHWARI DEVI & ORS. v. NIRMALA DEVI & 997 ORS. and their admission/denial. Thir~ly, if the civil judge on A ! 6.10.2004, which was three and a half years after the dismissal of the Special Leave Petition, instead of framing the issues that he did, had, after recording the statements of the parties and partially hearing the matter should have passed the order that the pleadings were not sufficient B to raise an issue for adverse possession and that the pleadings and .contentions before the High Court had the effect of completely negating any claim to adverse possession. [Para 42] [1020-F-H; 1021-A-B] c

1.8 Framing of issues is a very important stage in the civil litigation and it is the bounden duty of the court that due care, caution, diligence and attention must be bestowed by the Presiding Judge while framing of issues. In the instant case, when the entire question of title had been determined by the High Court and the Special D Leave Petition against that judgment was dismissed by this Court, thereafter, the trial court ought not to have framed such an issue on a point which has been finally determined upto this Court. In any case, the same was exclusively barred by the principles of res judicata. That E clearly demonstrates total non-application of mind. [Paras 43 and 44] [1021-C-D]

1.9 Unless it is ensured that wrong- doers are denied profit or undue benefit from the frivolous litigation, it F would be difficult to control frivolous and uncalled for litigations. In order to curb un·called for and frivolous litigation, the courts have to ensure that there is no incentive or motive for uncalled for litigation. It is a matter of common experience that court's otherwise scarce and G valuable time is consumed or more appropriately wasted in a large number of uncalled for cases. [Para 45] [1021- E-F]

1.10 Usually the court should be cautious and extremely careful while granting ex-parte ad interim H 998 SUPREME COURT REPORTS [2011] 8 S.C.R A injunctions. The better course for the court is to give a short notice and in some cases even dasti notice, hear both the parties and then pass suitable biparte orders. Experience reveals that ex-parte interim injunction orders in some cases can create havoc and getting them B vacated or modified in our exi~ting judicial system is a nightmare. Therefore, as a rule, the court should grant interim injunction or stay order only a~r hearing the defendants or the respondents and in case the court has to grant ex-parte injunction in exceptional cases then· c while granting injunction it must record in the order that if the suit is eventually dismissed, the plaintiff or the petitioner will have to pay full restitution, actual or realistic costs and mesne profits. If an ex-parte injunction order is granted, then in that case an endeavour should be made to dispose of the application for injunction as expeditiously as may be possible, preferably as soon as the defendant appears in the court. [Paras 46 and 47] [1021-G-H; 1022-A-C] 0

1.11 It is also a matter of common experience that E once an ad interim injunction is granted, the plaintiff or the petitioner would make all efforts to ensure that injunction continues indefinitely. Th19 other appropriate order can be to limit the life of the ex-parte injunction or stay order for a week or so because in such cases the F usual tendency of unnecessarily prolonging the matters by the plaintiffs or the petitioners after obtaining ex-parte injunction orders or stay orders may not find encouragement. The common impression is to be dispelled that a party by obtaining an injunction based on G even false averments and forged documents will tire out the true owner and ultimately the true owner will have to give up to the wrongdoer his legitimate profit. It is also a matter of common experience that to achieve clandestine objects, false pleas are often taken and forged documents H are filed indiscriminately in the courts because they have RAMESHWARI OEVI & ORS. v. NIRMALA DEVI & 999 ORS. hardly any apprehension of being prosecuted for perjury A by the courts or even pay heavy costs: [Para 48) [1022- D-G)

1.12 With regard to the issue of curbing the prevailing delay in civil litigation, the existing system can be 8 drastically changed or improved if the following steps are taken by the trial courts while dealing with the civil trials: A. Pleadings are foundation of the claims of parties. Civil litigation is largely based on documents. It is the bounden duty and obligation of the trial judge to C carefully scrutinize, check and verify the pleadings and the documents filed by the parties. This must be done immediately after civil suits are filed. B. The Court should resort to discovery and 0 production of documents and· interrogatories at the earliest according to the object of the Code. If this exercise. is carefully carried out, it would focus the controversies involved in the case and help the court in arriving at truth of the matter and doing substantial justice. E C. Imposition of actual, realistic or proper costs and or ordering prosecution would go a long way in . controlling the tendency of introducing false pleadings and forged and fabricated documents by F the litigants. Imposition of heavy costs would also control unnecessary adjournments by the parties. In appropriate cases the courts may consider ordering prosecution otherwise it mar not be possible to maintain purity and sanctity of: judicial proceedings. G D. The Court must adopt realistic and pragmatic approach in granting mesne profits. The Court must carefully keep in view the ground realities while granting mesne profits. H 1000 SUPREME COURT REPORTS [2011) 8 S.C.R. A B c D . E F G H E. The courts should be extremely careful and cautious in granting ex-parte ad interim Injunctions or stay orders. Ordinarily short notice should be issued to the defendants or respondents and only after hearing concerned parties appropriate orders . should be passed. F. Litigants who obtained ex-parte ad interim injunction on the strength of false pleadings and forged documents should be adequately punished. No one should be allowed to abuse the process of the court. G. The principle of restitution be fully applied in a pragmatic manner in order to do real and substantial justice. H. Every case emanates from a human or a commercial problem and the ~ourt must make serious endeavour to resolve the problem within the framework of law and in accordance with the well settled principles of law and justice . I. If in a given case, ex parte injunction is granted, then the said application for grant of injunction should be disposed of on merits, after hearing both sides as expeditiously as may be possible on a priority basis and undue adjournments should be avoided. J. At the time of filing of the plaint, the trial court should prepare complete schedule and fix dates for all the stages of the suit, right from filing of the written statement till pronouncement of judgment and the courts should strictly adhere to the said dates and the said time table as far as possible. If any interlocutory application is filed then the same be disposed of in between the said dates of hearings RAMESHWARI DEVI & ORS. v. NIRMALA DEVI & 1001 ORS. fixed in the said suit itself so that the date fixed for A the main suit may not be disturbed. The aforementioned steps may help the courts to drastically improve the existing system of administration of civil litigation in our Courts. No doubt, it would take some time for the courts, litigants and the advocates to · follow the said steps, but once it is observed across the country, then prevailing system of adjudication of civil courts is bound to improve. [Para 53) [1023-G-H; 1024-A· H; 1025-A-H; 1026-A]

1.13 While imposing costs the pragmatic realities are to be taken into consideration and be realistic what the defendants or the respondents had to actually incur in contesting the litigation before different courts. The . prevalent fee structure of the lawyers and other B· c miscellaneous expenses which have to be incurred D towards drafting and filing of the counter affidavit, miscellaneous charges towards typing, photocopying, court fee etc. are to be also broadly taken into consideration. It should not be forgotten while imposing costs that for how long the defendants or respondents E were compelled to contest and defend the litigation in various courts. The appellants in the instant case have harassed the respondents to the hilt for four decades in a totally frivolous and dishonest litigation in various courts. The appellants have also wasted judicial time of F the various courts for the last 40 years. [Paras 54 and 55] [1026-B-E]

1.14 On consideration of totality of the facts and circumstances of the instant case, there is no infirmity in G the well reasoned impugned order/judgment. These appeals are consequently dismissed with costs, which is quantified as Rs.2,00,000!· (Rupees Two Lakhs only). The costs are imposed not out of anguish but by following ·the fundamental principle that wrongdoers should not get H 1002 SUPREME COURT REPORTS [2011] 8 S.C.R. A benefit out of frivolous litigation. The appellants are directed to pay the costs imposed by this Court along with the costs imposed by the High Court to the respondents within the stipulated period. The suit pending before the trial court is at the final stage of the B arguments, therefore, the said suit is directed to be disposed of as expeditiously as possible. [Paras 56, 57 and 58] [1026-F-H]

1.15 It is made abundantly clear that the trial court should not be influenced by any observation or finding C arrived at by this Court in dealing with these appeals as the matter has not been decided on merits of the case. [Para 59] [1027 -B] 0 E