The High Court of Jammu & Kashmir and Ladakh has directed civil courts across the Union Territories of J&K and Ladakh to exercise extra vigilance and diligence while dealing with presentation, institution and admission of civil suits, observing that procedural lapses often lead to avoidable litigation.
Justice Rahul Bharti passed the observations while dismissing a petition filed by Dr Narinder Dhruv Batra against Chander Chinar Bada Akhara Udasin Society and others. The petitioner had challenged the order of the Additional District Judge, Jammu, whereby written statements filed by the defendants were taken on record.
The High Court held that there was no illegality in the trial court’s order entertaining the written statements. The court observed that the written statement filed on December 15, 2025 could not be faulted, and the subsequent written statements were also not liable to be rejected on the ground of limitation.
The court emphasized that once a civil suit is presented, the court must properly examine whether the plaint complies with the mandatory requirements of the Code of Civil Procedure before proceeding further. It further observed that issuance of summons to defendants is a crucial step, as the timeline for filing written statements depends upon proper service and procedure.
Justice Bharti cautioned that a judge or adjudicator is bound by procedure and has no “luxury of laxation” while exercising judicial jurisdiction. The court remarked that procedural discipline is essential to shorten the life of civil litigation and promote prompt adjudication.
Appearing for the petitioner, Senior Advocate M K Bhardwaj along with Advocate Manik Bhardwaj argued the matter, while Advocate Rohit Verma represented the respondents.
While dismissing the petition, the High Court directed the trial court to decide the temporary injunction application in the civil suit positively by or before July 30, 2026. The court also directed that a copy of the judgment be forwarded to the Director Judicial Academy for circulation among all Presiding Officers of Civil Courts in J&K and Ladakh.
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