SC Orders Are To Be Given Effect In Letter & Spirit ; Cannot Be Treated As Paper Orders: Supreme Court

The Supreme Court observed that its orders has to be given effect in letter and spirit and cannot be permitted to be treated as a paper order.

In this case, the Supreme Court, in an order passed in 2016, directed that, in the event the defendant fails to pay the arrears, the evidence filed in the case shall be struck off and the Court shall proceed in the matter and decide the case.

Though the defendant did not pay the arrears as directed, the Civil Judge (Senior Division) (in orders passed this year), by invoking his inherent powers under Section 151 of the Code of Civil Procedure, allowed the plea to reopen cross-examination of witnesses on payment of costs. It observed that, though the SC order struck off the right of the defendants to give evidence, that it has not directed to strike off the defence of the defendant(s).

In a contempt petition filed by the plaintiff, the bench comprising Justices BR Gavai and PS Narasimha observed that trial Judge has permitted indirectly to do what has been prohibited directly by the Supreme Court.

When an order has been passed by this Court, it has to be given effect in letter and spirit. An order passed by this Court cannot be permitted to be treated as a paper order. The spirit behind the order dated 23.08.2016 passed by this Court is clear that in the event the respondent fails to clear the arrears, he will not be permitted to defend her case and the trial will proceed without her defence.

The court therefore modified the Trial Court order and clarified that the defendant would be permitted only to cross-examine the plaintiff with regard to the documents produced by the plaintiff.

Case : Debibrata Chattopadhyay vs Jharna Ghosh | Contempt Petition (Civil) 320 OF 2022

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