New Delhi: In a rare admission, a Delhi
court has accepted responsibility for the inordinate delay of
almost three decades by its predecessors in deciding a tenancy
row, saying the prolonged trial denied justice.
"As I have written this judgment, I shoulder all the
responsibility on behalf of all my predecessors for delay
caused in present case and will endeavour in future to give
speedy justice to litigants," judge Abhilash Malhotra said.
"Before closing this case, I am unable to keep my eyes
off from the famous maxim `Justice delayed is Justice denied`.
The present suit was instituted in 1982.
"This case has seen seasons in trial court for around 29
years and approaching the appellate court is still a legal
remedy which is available to the parties. Pendency of huge
number of cases can never be made an excuse to run away from
expeditious disposal of cases," the judge said.
The court`s observation came in a judgment on a case
filed by two Delhi-based brothers seeking repossession of a
plot from their tenant at Karol Bagh here.
In law, welfare of the people is paramount but giving a
decision after such a long period (29 years) could not be said
to be a welfare exercise, the judge said.
"A sincere effort is required on part of all of us to
provide expeditious disposal to old cases. The delay in
decisions may kill the legislative intent and there is huge
possibility of suit becoming infructuous," he said.