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Dispose injunction petitions in 30 days: Madras HC
Observing that adjournments are frequently sought either for the purpose of court/bench hunting or to harass the opposite party or to keep the matter pending for long years and to achieve their goals through other methods, the Madras High Court has directed civil courts across Tamil Nadu and Puducherry to dispose interlocutory applications more specifically, the injunction petitions, in 30 days .
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Chennai
Justice SM Subramaniam, while allowing a civil revision petition against the Principal District Munsif, Mayiladuthurai, for granting adjournments without assigning a valid reason in a routine manner, said, “The National and State litigation policy unambiguously states that such routine adjournments are to be averted. This being the litigation policy, as well as the spirit of the Code of Civil Procedure, this court is of an opinion that all the civil courts while dealing with injunction petitions must be cautious and should ensure that all such petitions are dealt with by the courts in accordance with law and dispose of the same within the time limit stipulated.”
The judge on noting that though the order XXXIX Rule 3(A) is directory in nature, said, “The mere principle that Rule 3(A) is not mandatory and only directory, can never be construed as grant sanction to violate the said provision. Any violation of the code of Civil procedures are also to be viewed seriously and the adjournments granted without recording any justifiable reason can also be looked into.”
As per the case, the suit was filed by one Raja Rama Varma.
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