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Raj Kumar Makkad (Adv P & H High Court Chandigarh)     04 December 2012

When a civil litigant is denied effective relief in courts?

Hon'ble Supreme Court of India says: 

A serious fallout of not levying actual realistic costs should be noted. A litigant, who starts the litigation, after sometime, being unable to bear the delay and mounting costs, gives up and surrenders to the other side or agrees to settlement which is something akin to creditor who is not able to recover the debt, writing off the debt. This happens when the costs keep mounting and he realizes that even if he succeeds he will not get the actual costs. If this happens frequently, the citizens will lose confidence in the civil justice system. When a civil litigant is denied effective relief in Courts, he tries to take his grievances to `extra judicial' enforcers (that is goons, musclemen, underworld) for enforcing his claims/right thereby criminalising the civil society. This has serious repercussions on the institution of democracy. ( Sanjeev Kumar Jain vs Raghubir Saran Charitable Trust & ... on 12 October, 2011)
 


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