ABDUL KHADER Vs. SURBURBAN CHIT FUNDS P LTD

JUDGEMENT

(1.) The delay in the judicial process in this country is scandalous. Rather than blame darkness it is certainly better to light a candle. Observance one's Dharma - by the litigant, counsel, the adjudicator and the State appears to be the only way out.

(2.) There must be adequate courts. We must have competent adjudicators who do their homework promptly before and after trying/hearing the cases in court. We do also need prompt litigants ably assisted by counsel who do not fail in their duty to themselves and to the system. A transformation in the attitude to civil litigation by all concerned appears to be the need of the hour. This case brings into focus the unfortunate consequences flowing from the absence of such a wholesome culture.

(3.) The petitioners are defendants 1 and 4 in a suit for money based on what is referred to as a 'surety agreement'. A1 together, there are 5 defendants. The suit stood listed for trial in the final list on 13/1/06. It is, in these circumstances, that this Writ Petition has been filed on 23/1/06. The short prayer is that Ext.P3 order may be set aside.