The Madhya Pradesh High Court recently made strong observations on a trial court judge for passing a non-speaking order, noting that such conduct demonstrated a classic instance of abdication of judicial duty.
The trial court had dismissed certain applications filed by a litigant after noting that the case files were in complete disarray and on finding that the litigant had failed to appear before it in time for a hearing.
Justice Alok Awasthi observed: “Perusal of the impugned order reveals that prima facie an illegality has been committed by the Trial Court. He has passed a non-speaking order, which demonstrates a classic instance of abdication of judicial duty. It is the duty of the Court staff to properly arrange the file and the Presiding Officer ought to have control over the Court staff. It cannot be a reason for rejecting the applications of any party. It is not the fault of the party that Court’s file is not arranged properly.”
The court held that a litigant’s applications cannot be rejected merely due to disorganised files as parties cannot be penalised for such lapses.
“Trial court is directed to decide all the pending applications on their own merits after perusing the record and giving opportunity of hearing to the petitioner, within a period of 60 days from the date of receipt of certified copy of this order … A copy of this order be sent to the concerned Court for necessary compliance. A copy of this order be also sent to the concerned Principal District Judge for information,” the High court added.
The trial court had earlier directed the plaintiff to appear before it at 12 pm on April 21 to examine these applications.
However, on that day, neither the plaintiff nor their counsel was present at the fixed time. After waiting till 1.55 pm, the trial court proceeded to dismiss their applications, after also noting that the case files in the matter were in complete disarray.
