Court's Functioning Can't Be Brought To A Grinding Halt On Account Of Bar Association Elections: Allahabad High Court

The Allahabad High Court has observed that the work of a Court can not be brought to a grinding halt on account of the fact that the elections of a registered society are to be held.

The Bench of Justice J. J. Munir further said that the Bar Association is not established to obstruct the functioning of the Court and interfere with the discharge of its sovereign functions.

The case in brief

The Court observed thus while dealing with a plea filed under Article 227 of the Constitution of India moved by one Rajani against the order passed by Civil Judge (Senior Division) Fast Track Court, Muzaffarnagar rejecting her application 85C seeking to recall orders two orders in a civil suit.

Essentially, she had sought to recall the following two orders:

(1) order dated 26.10.2021, wherein an application for adjournment by the defendant had been rejected and his opportunity to cross-examine P.W.1 closed and the suit was directed to come up for arguments, and

(2) order dated 14.12.2021, wherein, in the absence of the defendant, the suit was directed to come up for arguments ex-parte on 03.01.2022. 

It may be noted that the Revisional Court had also upheld the abovementioned two orders.

Court's observations

The High Court looked into the order sheet of the case and noted that there have been determined efforts to delay the trial of the suit. The Court further noted that on 08.01.2021, the plaintiff's evidence on the affidavit was accepted and the suit was scheduled for cross-examination of P.W.on 28.01.2021.

Further, it noted that between Jan 28, 2021, to Oct 26, 2021, 18 dates were fixed, but for one reason or the other, the defendant did not cross-examine P.W.1. This happened despite the fact that the HC had earlier issued directions for concluding the trial of the case within two years.

Finding a justification behind the order of the Court to close the defendant's opportunity to cross-examine, the Court further remarked thus:

"It is not that the order dated 26.10.2021, closing the defendant's opportunity has been passed surreptitiously or suddenly. The defendant has been given enough opportunity by the orders passed by the Trial Court on earlier dates, and also, by all those ominous resolutions of the Bar, directing its members to abstain from judicial work. It must be remarked that Resolutions of the Bar, asking its Members to abstain from judicial work, are absolutely unlawful, in view of the directions of the Supreme Court..."

Further, the Court noted that on some dates, no one appeared to argue the matter as the Bar had abstained from judicial work. Deprecating the conduct of the bar to call for strikes, the Court further observed thus:

"This conduct of the Bar is not only reprehensible, but also downright illegal. The Bar Association is, after all, a registered society and cannot hold up the functioning of a Sovereign Court by their resolutions. Whatever they do, they do it at the peril of the litigants whose interest their Members represent. If the learned Counsel refuse to appear and so do the parties, the Court is supposed to pass orders in accordance with the Code of Civil Procedure, 1908 that provides for orders to be made when parties, both or one, are absent."

Further, stressing that the Bar Association is not established to obstruct the functioning of the Court and interfere with the discharge of its sovereign functions, the Court found justification in the lower court's order of 14.12.2021, directing the suit to come up for address of arguments ex-parte.

As a result, the petition failed and was dismissed. Further, the Registrar General was directed to circulate this order to all the learned District Judges, the Presiding Officers of Land Acquisition, Rehabilitation and Resettlement Tribunals, the Principal Judges of Family Courts, the Presiding Officers of Motor Accident Claim Tribunals and the Chairman, Board of Revenue.

Case title - Rajani v. Vipul Mittal And 4 Others [MATTERS UNDER ARTICLE 227 No. - 3265 of 2022]

Citation: 2022 LiveLaw (AB) 301

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