In Case of Conflict, Delhi Original Side Rules Prevail Over CPC
Background of the Case:
The case at hand, Manhar Sabharwal Vs High Court of Delhi, decided on August 23, 2024, involves a significant constitutional challenge raised by the petitioner, Manhar Sabharwal, against the High Court of Delhi. The core of the dispute revolves around the constitutionality of Rule 4, Chapter VII of the Delhi High Court (Original Side) Rules, 2018. This rule imposes a strict 120-day deadline for filing a written statement in non-commercial matters. The petitioner contested the rule, arguing that it conflicted with provisions under the Code of Civil Procedure, 1908 (CPC), which offers more flexibility in granting extensions to file written statements.
The petitioner, represented by a team of advocates, challenged the legality of the rule, naming the High Court of Delhi and other respondents. At the heart of the matter is whether the Delhi High Court’s Original Side Rules, which govern the procedures in civil cases directly instituted before the Delhi High Court, can impose stricter procedural limits than those prescribed by the CPC, a statute that broadly governs civil procedures across all Indian courts.
Issue of the Case:
The primary issue before the court was the constitutionality and legality of Rule 4, Chapter VII of the Delhi High Court (Original Side) Rules, 2018. This rule mandates that in non-commercial matters, parties must file their written statements within 120 days of being served the summons, without allowing for judicial discretion in condoning delays beyond this period.
The petitioner contended that this rule is discriminatory and violates the Constitution of India, specifically Article 14, which guarantees the right to equality before the law. According to the petitioner, the rule unfairly strips the court of its inherent powers under Order VIII, Rule 1 of the CPC, which gives judges discretion to condone delays in filing written statements, subject to certain reasonable conditions.
Contentions of the Parties:
Petitioner’s Arguments:
The petitioner argued that Rule 4, Chapter VII is not merely a procedural rule but a substantive provision, as it directly affects the rights of litigants by imposing a rigid and inflexible timeline. This, the petitioner claimed, unjustly restricts the ability of the court to exercise discretion in matters of delay.
It was contended that the rule violated several constitutional provisions, including Article 14, which guarantees equality before the law, and Article 141, which mandates that the law declared by the Supreme Court is binding on all courts. The petitioner further argued that the rule contravened Articles 142 and 144, which deal with the enforcement of Supreme Court orders and the duty of all courts to act in aid of the Supreme Court.
The petitioner also invoked the Concurrent List under the Seventh Schedule of the Constitution, arguing that since civil procedure falls under this list, the High Court did not have the legislative competence to override the CPC, particularly Sections 122 to 128, which govern the procedural aspects of civil cases.
In essence, the petitioner submitted that the High Court’s rule is ultra vires, or beyond its legal authority, as it curtails the judicial discretion available to judges under the CPC, which allows them to extend the time for filing a written statement based on the facts and circumstances of each case.
Respondents’ Arguments:
The respondents, represented by advocates of the Delhi High Court, countered the petitioner’s claims by relying on Section 129 of the CPC. This section empowers the High Court to make its own rules of practice and procedure for civil cases on its Original Side, where cases are filed directly in the High Court, rather than in subordinate courts.
The respondents argued that Rule 4, Chapter VII is purely procedural in nature and falls squarely within the competence of the Delhi High Court to frame under its rule-making powers. The rule’s purpose, they contended, is to ensure the speedy disposal of civil cases, preventing undue delays that often occur due to late filings of written statements.
They further argued that the rule applies uniformly to all non-commercial matters on the Original Side of the Delhi High Court and does not unjustly discriminate against litigants. The respondents maintained that the 120-day limit is reasonable and does not violate any fundamental rights under the Constitution, including Article 14.
Lastly, they emphasized that Section 129 of the CPC gives the High Court the authority to frame rules that prevail over the general provisions of the CPC when it comes to procedural matters on the Original Side. The respondents maintained that this delegation of power allows the High Court to adopt stricter procedural rules in the interest of judicial efficiency.
Issues Dealt with by the Court:
The court had to address several key issues in this case:
Constitutionality of Rule 4, Chapter VII:
The court examined whether the rule, which imposes a strict 120-day deadline for filing written statements in non-commercial cases, violated constitutional principles, particularly Article 14.
Legislative Competence of the High Court:
The court had to determine whether the Delhi High Court had the legislative authority under Section 129 of the CPC to frame rules that could override provisions of the CPC, specifically Order VIII, Rule 1, which allows for judicial discretion in condoning delays.
Nature of the Rule – Procedural vs. Substantive:
Another critical issue was whether the impugned rule is purely procedural—relating to the conduct of the case—or substantive, affecting the rights of the parties. If the rule were substantive, the High Court would not have the power to frame it.
Potential Discrimination Against Litigants:
The court also considered whether the imposition of a stricter procedural timeline for cases on the High Court’s Original Side unjustly discriminated against litigants compared to those whose cases are heard in Subordinate Courts, where the CPC’s more flexible provisions apply.
Reasoning and Final Decision:
After hearing the arguments and carefully reviewing the record, the court upheld the constitutionality of Rule 4, Chapter VII of the Delhi High Court (Original Side) Rules, 2018. The court reasoned as follows:
Legislative Competence: The court held that Section 129 of the CPC clearly empowers the High Court to frame its own rules of practice and procedure for civil cases on its Original Side. As such, the High Court had the legal authority to impose a stricter timeline for filing written statements than that provided under the general provisions of the CPC.
Procedural Nature of the Rule: The court ruled that the impugned rule is procedural in nature. It deals with the conduct of proceedings and does not affect the substantive rights of the litigants. Therefore, the High Court was within its power to adopt the rule, as it aimed to streamline judicial processes and avoid unnecessary delays.
Non-Discriminatory: The court found that the rule applies uniformly to all litigants before the High Court on the Original Side and does not unjustly discriminate against any party. Moreover, the rule was deemed necessary to maintain the efficient administration of justice in non-commercial matters, given the increasing backlog of cases.
Judicial Discretion: The court held that while the rule does limit the judge’s discretion in condoning delays, this limitation was within the High Court’s power to ensure the timely progression of cases. The restriction does not unjustly infringe on judicial discretion, as the CPC itself allows for the framing of stricter procedural rules by High Courts.
Final Decision:
In its final decision, the court dismissed the petition filed by Manhar Sabharwal and the associated applications, holding that they were devoid of merit. The court upheld the constitutionality and legality of Rule 4, Chapter VII of the Delhi High Court (Original Side) Rules, 2018, finding that the rule was both procedural and within the competence of the High Court. The court concluded that the rule did not violate the principles of equality and fairness enshrined in the Constitution of India. Thus, in cases of conflict, the Delhi High Court (Original Side) Rules would prevail over the CPC when it comes to procedural matters.
Case Citation: Manhar Sabharwal Vs High Court of Delhi: 08.08.2024: Madhu Food Products Vs Surya Processed Food: 2024:DHC6118: Delhi High Court: Chief Justice and Mini Pushkarna, H.J.
Written by: Advocate Ajay Amitabh Suman
IP Adjutor [Patent and Trademark Attorney] United & United
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