M/s. Dyna Chem Proprietor Mahesh Kumar Punjabi Versus Jaipaldas Punjabi
Madhya Pradesh High Court (Single Judge)
MP, 1463 of 2021, Judgment Date: Jul 26, 2021
Law laid down -
(1) By no stretch of imagination can it be said that if the two suits are consolidated, it would save valuable time and energy of the court and the parties because in the suit for eviction, only judgement is to be declared whereas in the suit of declaration the entire evidence is still to be led by the parties which is likely to take sufficiently long time in the present scenario of COVID-19. In the considered opinion of this court, the only purpose that can be served by consolidating the suit of eviction with the declaration suit is that it would further delay the final disposal of eviction suit in which only the judgement is to be delivered.
(2) The narration of facts clearly reveals the tendency of the petitioner to misuse the process of the court at its pleasure by filing frivolous petitions one after the another so that to browbeat the trial court on the ground that the petition is pending before this court. In fact, this trickery was also tried on this court when it is submitted that the Supreme court has already issued notice in the SLP preferred by the petitioner which means there is some substance in the matter hence the stay is justified but this court condemns such practice. Even the Supreme Court, on many occasions, has clarified that mere issuance of notice does not, ipso facto becomes an order of stay.
This Court is of the considered opinion that there are two types of litigants, one, who do not know how to use the process of the court and to their own prejudice, shudder at the very idea of getting into even a necessary litigation, and the other type is the one who know how to misuse the process of the court to its advantage and enter into unnecessary litigation by choice, such practice needs to be viewed strictly and has to be curbed with an iron hand.
Exemplary cost of Rupees Two lakhs (Rs.200,000/-) was imposed on the petitioner for blatantly misusing the process of the court.
M/s. Dyna Chem Proprietor Mahesh Kumar Punjabi Versus Jaipaldas Punjabi