Amitha Muraleedharan
Justice Sanjeev Sachdeva of the Delhi High Court said that the advocate or parties cannot claim for a physical hearing in trial court unless all the parties accept the same amid the Covid -19 pandemic.
Recently, the High Court issued a fresh advisory that the trial court has the authority to act in accordance with law if the parties do not appear for the virtual hearing even after intimation.
The order came in while hearing a plea, where the petitioner was disappointed by a trial court’s November 23 order, which listed a 40-year-old civil suit.
The suit was related to a property comprising a graveyard, masjid, and dargah of the venerated Sufi Saint Hazrat Khwaja Baqi Billah.
Advocate M Sufian Siddiqui, appearing for the petitioner Muhammad Ajmal, submitted that the suit was pending after it was filed on February 16, 1980.
He also claimed that the respondent has been delaying the suit after getting interim protection in July 1982.
However, the High Court directed the trial court to conclude the suit within six months as the suit has been pending for 40 years.
Siddiqui told the High Court that the suit has been listed for December 19 in the trial court but under the pandemic, it would be impossible to appear for a physical hearing, and also he urged that the trial court be directed for a virtual hearing.
The petition in High court said the trial court committed an error without disposing off a 40-years pending case. The trial court also avoided the directions of the State Court Management Systems Committee (SCMSC) of the high court.
The High Court allowed the plea and asked the trial court to take up the proceedings through video conferencing.