Delhi High Court comes down on meritless interlocutory applications filed to delay cases

The Delhi High Court recently berated the practice of litigants filing several interlocutory applications (IAs) in pending petitions and suits to ensure that the main matter never meets its logical end [Swapnil Gupta & Anr v Govt of NCT of Delhi & Ors]..Single-judge Justice Chandra Dhari Singh observed that such IAs are filed to create a complex web and precious judicial time gets wasted in adjudicating those applications."This Court berates as to how a web of complex IAs is deliberately created in the civil suits as well as other petitions pending only to ensure that the main matter never meets its logical conclusion and the precious judicial time is exhausted in adjudicating only the numerous IAs,” the judge said..The Court said that it was constrained to make these observations because it is conscious of its duty towards the citizens of the country and it is the responsibility of the bar and the bench to come together and fix responsibility regarding filing of such meritless IAs..The observations were made while dealing with an application filed under Section 247 of the Indian Succession Act, 1925 in a pending case.The application had been filed by one of the children of the testator seeking appointment of administrator till the litigation is pending in the court because the will had been executed under duress, coercion and undue influence.After considering the arguments, Justice Singh held that the application is not only liable to be dismissed on merit but also on the ground of maintainability as no preceding application under Section 301 of the Succession Act had been filed to remove the existing administrator.The bench, therefore, dismissed the application on grounds of maintainability as well as on merits..Advocates Samrat Nigam and Angad Mehta appeared for the petitioner in the case.Senior Advocate Rajesh Yadav along with advocates Karan Nagrath, Ruchika Arora and Niharika Nagrath appeared for Respondent No 4 (the applicant).Advocates Pavitra Kaur, Tanmaya Mehta, Rudrajit Ghosh and Ashu Goyal appeared for other respondents. .[Read Order]