Sh. Randhir Jain v. Sh. Neeraj Parekh & Anr.

Delhi High Court · 31 Oct 2014 · 2014:DHC:5617
Valmiki J. Mehta
CM(M) No.965/2014
2014:DHC:5617
civil petition_dismissed

AI Summary

The High Court dismissed a petition under Article 227 challenging a routine procedural order granting further time to file replies, emphasizing that such extraordinary jurisdiction should not be exercised routinely.

Full Text
Translation output
CM(M) No.965/2014 HIGH COURT OF DELHI C.M.(M) No.965/2014
31th October, 2014 SH. RANDHIR JAIN ..... Petitioner
Through: None
VERSUS
SH. NEERAJ PAREKH & ANR. ..... Respondents
Through:
CORAM:
HON’BLE MR. JUSTICE VALMIKI J.MEHTA
To be referred to the Reporter or not? VALMIKI J. MEHTA, J (ORAL)
JUDGMENT

1. The petitioner who is an Advocate impugns the order of the trial court dated 05.8.2014, and which order has simply allowed further time to the respondents/defendants to file replies to the applications under Order XII Rule 6 of the Code of Civil Procedure, 1908 (CPC) and under Order XXVI Rule 9 CPC.

2. I fail to understand as to how the extraordinary and discretionary powers under Article 227 of the Constitution of India are being invoked in a routine manner, and that too by an Advocate as a litigant, in seeking orders that further time should not be given for filing replies to applications. 2014:DHC:5617 CM(M) No.965/2014

3. Powers under Article 227 of the Constitution of India are extraordinary and discretionary powers, and they are meant not to be exercised in a routine manner, more so to challenge the procedural orders.

4. Dismissed.

VALMIKI J. MEHTA, J OCTOBER 31, 2014 KA