“Totally Unacceptable Proposition, Would Amount to Create Hurdle In The Administration Of Justice”: Allahabad High Court Observed Over Delay in Pleadings/Affidavits Coming On Record

Over the issue of hearings being forced to be adjourned due to pleadings/affidavits not coming on record, Allahabad High Court on Wednesday observed that this is totally unacceptable and could be considered hurdle in the administration of justice.

The Single Bench of Justice Rahul Chaturvedi said,

“This is totally unacceptable proposition and would amount to create hurdle in the administration of Justice. The hearing of the case should not be adjourned on the ground of laxity of the concerned assistants.”

Besides the a general complaint raised by the members of the Bar, the Court said that it is also experiencing that this type of practice is rampant now-a-days.

Single-Judge Bench added,

“The hearing of the case is adjourned on the ground that the pleadings/affidavits are not on record, though, they have filed in the Registry 2-3 months back………. The Court feels that it would be adding the miseries of the client.”

In the present matter, by the complainant submitted before the Court that he had filed counter affidavit way back on 07.07.2021 but the same had not appeared on record.

Addressing the delay being caused to the inaction of the Registry, the Court has passed an order directing the Registrar General of the Court to issue a proper circular to the all the S.Os. of various sections of the High Court.

“That they would ensure the various affidavits/applications be placed along with its parent file within 72 hours of its receipt,” Court directed.

In addition to this, the Single Bench added,

“The concerned assistant shall also affix proper flagging to the counter affidavits, rejoinder affidavits and supplementary affidavits and then, send the same in the Court.”

Stressing that the compliance of the order will be made in its letter and spirit, Court further directed that a copy of the order will be placed before the Registrar General for making this Circular and to ensure compliance by the concerned S.Os.

Adding that in meanwhile, concerned S.O. would trace out the counter affidavit filed by learned counsel for the complainant and place it on record, the Court ordered the matter to be put as fresh on August 13, 2021.

(Case Title: Abdul Kalam vs. State of UP and Another)