Frivolous Litigation Not Only Clogs Arteries Of Justice Delivery System But Also Deprives Genuine Litigants Of Their Right To Speedy Trial: Delhi Court

Emphasizing on the need of imposing costs in vexatious pleas, a Delhi Court has observed that frivolous litigation not only clogs arteries of justice delivery system but also deprives genuine litigants of their fundamental right to speedy trial. Additional Sessions Judge Anuj Agrawal made the observation while dismissing a revision plea and imposing a cost of Rs. 25,000 opining that the same was frivolous and the litigation had a mischievous approach. "In my view, a stern message is required to be sent to the litigants who indulge in frivolous and vexatious litigation as such litigation not only clogs arteries of justice delivery system but also deprives genuine litigants of their fundamental right of speedy trial," the Judge said. The Court also observed that liberal access to justice should not be construed by anyone as a means to lead chaos and indiscipline and frivolous petitions should be penalized with heavy cost. "The sanctity of the judicial process will be seriously eroded if such attempts are not dealt with firmly. A litigant who takes liberty with court procedure should anticipate the necessary consequences," it added. The Judge also added that it is the bounden duty of the court to ensure that the legal system is not exploited by those who use the forms of the law to defeat or delay justice. "It is only then the courts would be in a position to resolve genuine causes in a time bound manner and answer the concerns of those who are in need of justice," the Court observed. The Court was dealing with a revision plea challenging a trial court order wherein the complaint moved by the revisionist was dismissed by the Metropolitan Magistrate observing that the revisionist had no locus standi to file the same. "I am of the view that Ld Magistrate adopted correct approach by dismissing the complaint of revisionist as no offence whatsoever appears to have been made out in the instant case on the basis of averments made in the complaint. As evident from record, Ld. Magistrate passed a well reasoned detailed order, thereby dismissing the complaint and therefore, this court cannot and rather ought not substitute its own view with that of Ld. Magistrate (while exercising its revisional jurisdiction) and thereby arriving at a different conclusion," the Court said. The Court was of the view that the Revisionist had failed to point out any patent illegality or jurisdictional error in the impugned order and therefore, the revision petition was liable to be dismissed."Imposition of real time costs is also necessary to ensure that access to courts is available to citizens with genuine grievances and not to the frivolous petitions like the present one," the Court said at the outset. "Considering the totality of circumstances and frivolous nature of litigation, I deem it appropriate that the instant revision not only deserves to be dismissed but the revisionist also deserves to be saddled with the cost of Rs.25,000/- (Twenty Five Thousand) for his mischievous approach. The revisionist in the instant matter is therefore, directed to deposit a sum of Rs.25,000/- with Lawyers Welfare Fund, Saket Bar Association within seven days from the date of the instant order and the receipt thereof be deposited with the Ld. Trial Court, failing which Ld. Trial Court is requested to initiate appropriate recovery proceedings against the revisionist."Click Here To Read Order

Frivolous Litigation Not Only Clogs Arteries Of Justice Delivery System But Also Deprives Genuine Litigants Of Their Right To Speedy Trial: Delhi Court

Nupur Thapliyal

Tags