'Litigant Can't Be Expected To Wait Indefinitely For Reasons': Supreme Court Once Again Stresses On Need To Deliver Judgments Soon

The Supreme Court has once again stressed on the need to immediately deliver judgments by observing that a litigant cannot be expected to wait indefinitely for availability of the reasons for a Court Order.

In this case, a party to election petition filed an an application under Order VII Rule 11 of the Code of Civil Procedure, 1908 in the High Court for Telangana. An order was pronounced on 15.06.2022, purportedly allowing the application and and rejecting the election petition.

Before the Apex Court bench, the appellant submitted that the reasoned order allowing the application is not available as yet. The court noticed that the reasons for the order are not available with either of the parties nor are available on the website of the High Court nor the copy of the order has been supplied despite the parties having made the applications seeking certified copy of the order.

"The position obtaining at present is that even after more than three months from pronouncement of the order by the High Court, the reasons are not forthcoming and are not available with either of the parties. Looking to the nature of litigation and the overall circumstances, we find it difficult to countenance this position.", the bench observed.

The court, referring to the decisions in Anil Rai v. State of Bihar (2001) 7 SCC 318 and State of Punjab and Others v. Jagdev Singh Talwandi (1984) 1 SCC 596, observed: 

"We are of the view that the guidelines and observations therein remain fundamental to the course of dispensation of justice in any cause before the Court and the principle set out therein need to be applied with necessary variation, as may be necessary in the given fact situation of any particular case."

Allowing the appeal, the court set aside the impugned order  restored the matter for re-consideration.

Senior Advocate Dr. A.M. Singhvi assisted by Advocate Anand Padmanabhan appeared for the appellant.

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Case details

K Madan Mohan Rao vs Bheemrao Baswanthrao Patil | 2022 LiveLaw (SC) 803 | CA 6972 OF 2022 | 26 September 2022 | Justices Dinesh Maheshwari and Bela M. Trivedi

Headnotes

Practice and Procedure - Even after more than three months from pronouncement of the order by the High Court, the reasons are not forthcoming and are not available with either of the parties - A party to the litigation cannot be expected to wait indefinitely for availability of the reasons for the order of the Court - Referred to Anil Rai v. State of Bihar (2001) 7 SCC 318 and State of Punjab and Others v. Jagdev Singh Talwandi (1984) 1 SCC 596 - Guidelines and observations therein remain fundamental to the course of dispensation of justice in any cause before the Court and the principle set out therein need to be applied with necessary variation, as may be necessary in the given fact situation of any particular case.

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