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Take a pragmatic approach in realty cases, Supreme Court tells Judiciary
March, 23rd 2012

Expressing serious concerns over escalating real estate litigations in the country, the Supreme Court has directed the judiciary to take a pragmatic approach and scrutinise carefully pleadings and documentary evidences in such cases to dissuade frivolous litigations.

"Litigation pertaining to valuable real estate properties is dragged on by unscrupulous litigants in the hope that the other party will tire out and ultimately would settle with them by paying a huge amount.

This happens because of the enormous delay in adjudication of cases in our courts. If pragmatic approach is adopted, then this problem can be minimised, to a large extent," said a bench comprising Justice Dalveer Bhandari, Justice HL Dattu and Justice Deepak Verma in its judgement on Wednesday.

It said, "False claims and defences are really serious problems with real estate litigation, predominantly because of everescalating prices of the real estate." The court said, "It must be the endeavour of judicial officers and judges to ascertain the truth in every matter and no stone should be left unturned in achieving this object. Courts must give greater emphasis on the veracity of pleadings and documents.

"In case, while granting or refusing injunction, the court properly considers pleadings and documents and takes the pragmatic view and grants appropriate profit, then the inherent interest to continue frivolous litigation by unscrupulous litigants would be reduced to a large extent," it said.

The SC said that the experience has shown that all kinds of pleadings are introduced and even false and fabricated documents are filed in civil cases because there is an inherent profit in continuation of possession.

In a large number of cases, honest litigants suffer and dishonest litigants get undue benefit by grant or refusal of an injunction because the courts don't critically examine pleadings and documents on record, the bench said.

 
 
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