Shourya Kackar & Aarushi Utpal Dey, Symbiosis Law School, Hyderabad
ABSTRACT
The fundamentals of the justice delivery system lie in the mode of its delivery. Dispensation of justice of holds little to almost no significance if not served on time. “Justice Anand rightly said that “People want justice, pure, unpolluted, quick and inexpensive and they have every right to receive the same”.1 The vicious cycle of practically pleading the court for decades in search of justice emphasises the need for speedy justice. Thus, in pursuit of escaping the claws of delayed justice, Order XV was introduced in the Code for Civil Procedure. While the issue of delayed justice still has not quite been resolved, the introduction of such order put an immediate end to the arduous journey endured by parties particularly in case of petty matters and those of questionable circumstance. While the order facilitated the dismissal of suits on their first hearing, it may even be considered as a remedy in disguise to both the Judiciary and the parties concerned for it combats the pendency of cases by dismissing them on the first instance. However, in lieu of the ambiguity surrounding the provision, this article aims to answer questions pertaining to the applicability and the different circumstances endured by the parties during the course of trial, which calls for setting motion such an order. Lastly, it also captures the essence of judicial review by clarifying the move of filing a revision petition before the court of appeal despite prior dismissal.
