The Delhi High Court has observed that temperance and dignity in language is of absolute essence in pleadings filed in judicial proceedings.
Justice C Hari Shankar further added thus:
"It is not permissible for any litigant, especially in a petition filed through Counsel, to attribute qualities such as obstinacy to a judicial forum. Courts do not pass orders based on personal predilections, but to conform to the correct position in law as they perceive it to be."
The Court made the said observations while dealing with two pleas challenging the order dated March 16, 2022 passed by District Judge (Commercial Court), North Rohini District Courts, in a civil suit.
Vide the impugned order, the Trial Court was alleged to have "obstinately" struck off the defence of the petitioners.
" Among other things, these petitions attribute obstinacy to the Court which has passed the order under challenge," the Court noted.
On a query from the Court as to why the specific expression was used, the Counsel appearing for the petitioner expressed contrition and submitted that it might have been by oversight.
"He seeks permission to withdraw these petitions with liberty to file appropriate petitions, which are more appropriately worded," the Court noted further.
Accordingly, the petitions were dismissed as withdrawn with liberty as sought.
Case Title: M/S SRI SHYAM INCORPORATION & ANR. v. M/S SHREE BALAJI INDUSTRIES
Citation: 2022 LiveLaw (Del) 485