Delhi High Court Upholds Trial Court's Decision Against Frivolous Petition

Petition Dismissed for Repeated Adjournments and False Affidavits; Conduct of Counsel Criticized by High Court

In a significant ruling, the Delhi High Court upheld the dismissal of a petition filed by Sandeep Kumar against Kaptain Singh Rathi, emphasizing the importance of maintaining judicial decorum and condemning frivolous litigation. The court dismissed the petition, which sought to reopen defense evidence, citing oblique motives and repeated attempts to delay the proceedings.

Justice Girish Kathpalia presided over the matter, scrutinizing the orders passed by the trial court on November 7 and November 18, 2025. The trial court had closed the defendant's evidence after granting multiple adjournments, noting the lack of evidence presented. Subsequently, an application under Section 151 of the Civil Procedure Code, 1908, was filed by the petitioner to reopen the evidence, which was dismissed by the trial court.

The High Court noted that the petitioner had been protracting the trial for over two years, seeking adjournments under the pretext of potential settlements. On multiple occasions, the petitioner falsely claimed that a settlement had been reached, only to retract the statement later. The court observed that these actions not only delayed the proceedings but were also based on false affidavits.

Justice Kathpalia highlighted the improper conduct of the petitioner's counsel during the trial court proceedings. The counsel's refusal to argue the case and audacious behavior, despite being advised to maintain decorum, were criticized. The High Court emphasized the need for respect towards judges at all levels of the judiciary, stating that efforts by some lawyers to overawe judges, particularly in district courts, were unacceptable.

In exercising its supervisory jurisdiction under Article 227 of the Constitution of India, the High Court underscored its duty to ensure that judicial decorum is upheld, regardless of the judicial hierarchy. The petitioner's counsel expressed remorse for his conduct and sought to withdraw the petition, which was allowed by the court.

The judgment serves as a reminder of the judiciary's commitment to preventing the misuse of legal processes and maintaining respect for the judicial system. The High Court's decision reinforces the principle that justice must serve both the plaintiff and the defendant, discouraging attempts to undermine the judicial process through frivolous litigation.

Bottom Line:

Frivolous petitions filed with oblique motives and false affidavits submitted by the petitioner/defendant are dismissed. Repeated adjournments and improper conduct by counsel before the trial court undermine the judicial process and decorum.

Statutory provision(s): Civil Procedure Code, 1908 Section 151; Constitution of India, 1950 Article 227

Sandeep Kumar v. Kaptain Singh Rathi, (Delhi) : Law Finder Doc Id # 2815718