HC: Litigants cannot be casual about prosecuting the proceedings before Lower Courts and expect sanctuary from High Courts under Article 227 [Read Judgment]

The Single Bench of the Delhi High Court in the case of Kailash Sewani vs Manish Kumar Chaudhary consisting of Justice C. Hari Shankar observed that litigants cannot be casual about prosecuting the proceedings before the Court below and expect sanctuary from the High Court under Article 227; and that the same is not a mercy jurisdiction.

Facts

This petition under Article 227 of the Constitution of India assailed an order in a summary suit under O₃₇ CPC by which the learned Civil Judge had rejected the petitioner’s (defendant therein) request to have the written statement taken on record after many chances had already been provided.

Observations of the Court

The Bench noted that the first opportunity to file written statement was granted to the petitioner on 18^th September 2019. From 18^th September 2019 till 11^th July 2022, no written statement was forthcoming on the record. It opined that:

“The jurisdiction vested in this Court by Article 227 of the Constitution of India is not expected to be used as an avenue for a party to tide over the negligence exhibited by it before the Court below. Nor is Article 227 in the nature of mercy jurisdiction. Litigants cannot be casual about prosecuting the proceedings before the Court below and expect sanctuary from the High Court under Article 227.”

Judgment

The Bench concluded that the petition did not have any merit and hereby dismissed it in limine.

Case: Kailash Sewani vs Manish Kumar Chaudhary

Citation: CM(M) 826/2022 & CM APPL. 36337/2022, CM APPL.36338/2022

Bench: Justice C. Hari Shankar

Decided on: 22^nd August 2022

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