HARYANA DAIRY DEV. COOP. FED. LTD Vs JAGDISH LAL
Bench: B.S. CHAUHAN,J. CHELAMESWAR
Case number: SLP(C) No.-039434-039434 / 2013
Diary number: 39342 / 2013
Advocates: PRAGATI NEEKHRA Vs
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REPORTABLE
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
SLP(CIVIL) NO(s). 39434 OF 2013
HARYANA DAIRY DEVELOPMENT COOPERATIVE FEDERATION LIMITED Petitioner(s)
VERSUS
JAGDISH LAL Respondent(s)
O R D E R
Inspite of the fact that the Parliament has
amended the Code of Civil Procedure, 1908 altering the
provisions of Section 102 CPC providing that money
recovery suit involving less than Rs. 25,000/- shall not
be entertained in Second Appeal, we are being burdened
with cases where the litigation cost may be hundred
times more than the amount involved. It has become the
definite attitude of the officials not to take any
responsibility even for petty issues and would waste
public money approaching this Court. Government
departments would spend any amount on litigation instead
of paying petty amount to the other party. In the
instant case, an amount of Rs. 8,724/- is to be paid to
the respondent employee as reimbursement of his medical
claim and the petitioner Haryana Dairy Development
Cooperative Federation Limited treating the litigation
as luxury must have spent the amount already by filing
this petition more than the total amount involved
herein.
Many a time this Court has felt unhappy about
the time of the Court being taken for days together by
petty matters. (The Constitution Bench judgment Sukhdev
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Singh, Oil & Natural Gas Commission, Life Insurance
Corporation, Industrial Finance Corporation Employees
Associations Vs. Bhagat Ram, Association of Class II,
Officers, Shyam Lal, Industrial Finance Corporation AIR
1975 SC 1331).
In Kadra Pahadiya and Others Vs. State of
Bihar AIR 1997 SC 3750, this Court observed that if the
load of such petty cases is taken out of the regular
Courts, those Courts would have time to deal with more
serious crimes rather than have their time consumed by
such petty cases.
The Law Commission of India in its 155th
report has observed that what further agitates is the
number of pending litigations relating to trivial
matters or petty claims, some of which has been hanging
for more than fifteen years. It hardly needs mention
that in many such cases money spent on litigation is far
in excess of the stakes involved, besides wasting
valuable time and energy of the concerned parties as
well as the Court.
We direct that the expenses of the litigation
shall be incurred by the Managing Director personally
who has signed affidavit in support of the petition and
it shall not be taken from the Federation. A copy of
the order be sent to the learned Chief Secretary of the
State of Haryana as well as to the Managing Director.
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The special leave petition is dismissed. In
view of the above, question of law, if any is kept open.
........................J. (Dr. B.S. CHAUHAN)
........................J. (J. CHELAMESWAR)
NEW DELHI JANUARY 13, 2014.