HC reiterates that lockdown must not affect the pronouncement of judgment/order where arguments have been heard and the same is reserved [Read Order]

The Delhi HC, in DALBIR SINGH v. SATISH CHAND, reiterated that lockdown should not act as an impediment to the pronouncement of judgments or orders. The HC earlier in  Puneet Kumar v. Registrar General had clarified the same.

Facts

The Petitioner had sought a mandatory and permanent injunction against his sons with respect to a property. The application was moved under Order XII Rule 6 CPC, heard on 18th February 2020, and thereafter reserved for the order. The petitioners moved to this court because, despite the order being reserved, no order was pronounced. The petitioners seek early disposal of the mentioned case.

Petitioners Contention

The counsel for the petitioner said that on 8th July 2020, due to the lockdown, the matter was adjourned for orders to 31st July 2020. The petitioners relied on Deepti Khera v. Siddharth Khera, in which the court held that the pronouncement of orders and judgments can not be delayed. Further, the counsel relied on a recent Puneet Kumar v. Registrar General, it has been clarified that “The various orders relating to the lockdown would not prohibit the Trial Court from pronouncing the final order/judgment in the petitions pending before it.”

Lockdown should not act as a hindrance to the pronouncement of judgment since no further hearing is supposed to take place. The Supreme Court in Anil Rai v. the State of Bihar observed that if the order is reserved for more than 3 months the litigant can approach the High court.

Court Order

It is important to note that the order of above-mentioned issue was pronounced on 20th July 2020, however, the court was forced to reiterate that:-

“The lockdown ought not to affect pronouncement of judgments/ orders where arguments have been heard and the same is reserved. Repeated adjournments `FOR ORDERS’ or for `Pronouncement of judgment’ would not be permissible even during the lockdown.”

Read Order @Latestlaws.com