HC laments lapses in civil procedure code
Chennai Mar 30 PTI The Madras High Court on Wednesday lamented the available procedural law in force which many a times turn against the successful litigants Justice N Anand Venkatesh made the observation while passing orders on a second appeal relating to a property dispute that arose well over four decades ago The present second appeal is a painful pointer of how a litigant starts facing misery after obtaining a decree from the Court The Code of Civil Procedure is designed to facilitate justice and further its ends Unfortunately in many cases the procedure acts like a penal enactment where the litigant is actually punished and made to run from pillar to post to get the fruits of the decree he said This Court is forced to start this judgment with this somber note since a mortgage decree that was obtained in the year 1979 in an original suit filed in 1978 is yet to see the light of the day and 43 years had gone by If a litigant is made to undergo this mental agony no wonder people will lose faith in civil litigations and will resort to short cut methods to achieve even those reliefs to which they are rightfully entitled to the court added As the facts of this case unfurl one will understand how difficult it is to get a decree executed with the available procedural law in force the judge said and imposed a cost of Rs 50000 on the persons who took all efforts to see that the successful litigant did not get the relief ordered by the court earlier PTI CORR SA SA
Chennai Mar 30 PTI The Madras High Court on Wednesday lamented the available procedural law in force which many a times turn against the successful litigants Justice N Anand Venkatesh made the observation while passing orders on a second appeal relating to a property dispute that arose well over four decades ago The present second appeal is a painful pointer of how a litigant starts facing misery after obtaining a decree from the Court The Code of Civil Procedure is designed to facilitate justice and further its ends Unfortunately in many cases the procedure acts like a penal enactment where the litigant is actually punished and made to run from pillar to post to get the fruits of the decree he said This Court is forced to start this judgment with this somber note since a mortgage decree that was obtained in the year 1979 in an original suit filed in 1978 is yet to see the light of the day and 43 years had gone by If a litigant is made to undergo this mental agony no wonder people will lose faith in civil litigations and will resort to short cut methods to achieve even those reliefs to which they are rightfully entitled to the court added As the facts of this case unfurl one will understand how difficult it is to get a decree executed with the available procedural law in force the judge said and imposed a cost of Rs 50000 on the persons who took all efforts to see that the successful litigant did not get the relief ordered by the court earlier PTI CORR SA SA
