No Relief For Those Who Try To Delay Judicial Proceedings: Sc

Those who try to delay judicial proceedings without valid reasons cannot expect any relief from courts as statutory provisions like the limitation period have to be adhered to strictly, the Supreme Court has ruled. A bench of Justices S B Sinha and Cyriac Joseph in an order has said relaxation in the statutory rules can be given by courts only in exceptional cases and not otherwise. "Such an approach by courts alone can carry forward the legislative intent of avoiding delays or at least in curtailing the delays in the disposal of suits filed in courts," the apex court said, recalling a three-judge bench ruling in the R N Jadi case. The apex court passed the order while upholding an appeal filed by Mohammed Yusuf challenging an Allahabad High Court's decision to grant permission to Faij Mohammed to file written submissions in a property dispute, three years after the original suit was filed. The High Court had passed the order despite the trial court and a higher court rejecting the plea of Mohammed for additional time beyond 30 days, allowed under the provisions. It was the case of Yusuf that the proceedings were unduly and deliberately delayed by Faij Mohammed who he alleged, took several adjournments without filing the written submission. As per the Code of Civil Procedure, a defendent has to file his/her written submissions in a suit within 30 days. But, the time can be extended to 90 days on the court's discretion.

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