SOMNATH MATOO Vs. FAIZ BEGUM

JUDGEMENT

(1.) This is a motion for the Admission of a Civil Revision directed against the order of the learned Sub Judge (C.J.M.) Srinagar, dt. 28-4-1980 rejecting the petitioners application, filed by him for dismissing the plaintiffs suit on account of non-joinder of a necessary party.

(2.) It appears that the respondent has filed a suit for ejectment of a leased premises against the petitioner as far back as on 5-5-1975. It faced a chequered career during its trial as the case was got transferred and retransferred many a time. Many revisions came to be filed in this Court against various orders. At long last, the trial reached its last stage and the statement of the petitioner-defendant was to be recorded As usual, the petitioner who is the tenant and manifestly interested in the protraction of proceedings filed an application that the respondent plaintiff has not impleaded her daughter as a party in the suit, who, according to him, was the co-sharer of the suit property, and therefore, a necessary party. He, therefore, prayed for dismissal of the suit for non-joinder of a necessary party. The learned trial court rejected his application and hence this revision. Heard learned counsel for the parties on the admission of the revision. The record was also examined.

(3.) The perusal of the trial court file reveals a pathetic story. The present petitioner has left no stone unturned to prolong the trial of the suit. He has filed transfer applications and revisions once and again for the said purpose and has taken undue advantage of the civil proceedings. One can safely say that he has abused the procedural law to the full extent. No doubt, a party to a civil proceeding has a right to challenge any order adverse to him. But, it should not go to the extent of frustration of the very proceedings. The file is replete with such orders which speak for themselves and it goes to show that the petitioner intends to delay the disposal of the suit by hook or crook till he can do it. Such attitude of the litigants is to be deprecated. The lawyers community should help the courts in curbing the tendency of vexatious litigation.