Delay In Pronouncing Judgment By Itself Is Not A Ground For Setting It Aside, Says Supreme Court

The Supreme Court observed that a delay in pronouncing the judgment by itself is not a ground of setting it aside. 

In this case, the appellant challenged the High Court judgment on the ground that it delivered the judgment after one and a half year of the judgment being reserved. The appellant's counsel relied on a judgment viz. Santosh Hazari vs Purushottam Tiwari (Dead)  (2001) 3 SCC 179 in this regard.

"We have asked learned counsel for the appellant time and again, as to whether the judgment can be set aside only on the ground that it is delivered after reserving the order after some delay but learned counsel was insistent on the fact that the judgment cannot be sustained on this ground...A perusal of the judgment is not even remotely suggesting that the delay in pronouncing the judgment by itself will be a ground of setting aside the same. We find that the objection raised is frivolous and waste of time of the Court", the bench comprising Justices Hemant Gupta and AS Bopanna observed.

The bench, therefore, imposed a cost of Rupees Fifty Thousand on the petitioner.

The appeal challenges a judgment of the Karnataka High Court of the year 2010. The Trial Court in this case had decreed the suit against the defendants removing them from trusteeship of Uppali Mutt, Hosmutt and Karisiddeswar Mutt. The High Court reversed the said judgment.

The Apex Court, has directed the listing of the appeal after the cost is deposited.

Reporter's note: It is noteworthy that the Supreme Court has held that delay in delivery of judgments is violation of Right to Life under Article 21 of the Constitution of India. In Anil Rai vs State Of Bihar, the Court had issued guidelines criticizing the practice of not pronouncing the reserved judgments within a reasonable time. But, there is no judgment on the issue of whether the delay in pronouncing judgment can be a ground to set aside it. May be such a strange contention is being taken for the first time in this case.

Case: Sree Srimanniranjana Pranavaswarupi Sree Shivananda Shivayogirajendra Mahaswamigalu vs. CR Shivananda

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