Legal News • District Courts • Gurgaon and Delhi NCR
Supreme Court Flags Gurugram Court Practice of In-Charge Judges Passing Final Orders During Leave
The Supreme Court has questioned a “prevailing practice” in a Gurugram court where matters listed before a judge on leave were decided by an in-charge judge, and has sought a detailed affidavit with year-long data on such final orders.
In a significant development, the Supreme Court directed the Punjab and Haryana High Court to examine a practice in a Gurugram court where
cases assigned to a judge who is on leave were being decided by another “in-charge” judge—despite rules indicating such matters should be treated as
automatically adjourned to the next working day when the presiding officer is absent.
Key observations by the Supreme Court
- “Attending” is not the same as “deciding”: The Court distinguished routine attending of proceedings from passing a final order disposing of a case while the regular judge is on leave.
- Auto-adjournment rule: The Court noted that High Court rules/orders indicate such cases are deemed automatically adjourned if the presiding officer is absent.
- Ex-parte concern: The Court questioned the propriety of passing a final order in the absence of counsel for the respondent and also flagged the issue of eviction without notice in the case under scrutiny.
The issue arose from an eviction order dated Nov 24, 2025 passed by a Gurugram rent controller against the Anjali Foundation
(tenant) in a dispute with landlord Anil Mehra. The tenant’s side stated the matter was initially before a Civil Judge (Junior Division)
who was on leave and later came before an in-charge judge/rent controller the same day—who then passed an ex-parte eviction order.
What the Supreme Court has asked the High Court to file
The Supreme Court has asked the Registrar General to file a detailed affidavit by Mar 16, 2026, disclosing for the past year:
- How many final orders were passed by in-charge judges while the regular judge was on leave
- Names of such in-charge judges (along with UID numbers)
- Brief case descriptions and the orders passed
If a substitute/in-charge judge passes a final order when the regular judge is on leave, parties may raise concerns about procedure and fairness—especially
in matters involving eviction, interim protection, or other time-sensitive relief. The Supreme Court clarified that an in-charge judge may grant
urgent interim protection, but such orders should be interim in nature, not final disposal.
If you have an urgent court issue (eviction/rent dispute, criminal matter, or bail), we can connect you with an independent practicing advocate in Gurgaon and Delhi NCR.
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FAQs
Can an in-charge judge pass a final order if the regular judge is on leave?
The Supreme Court flagged this practice and indicated that “attending” proceedings is different from “deciding” a case by passing a final order.
It also noted that rules/orders indicate matters should be treated as automatically adjourned when the presiding officer is absent.
What did the Supreme Court direct the Punjab and Haryana High Court to do?
The Supreme Court asked for a detailed affidavit with year-long data on final orders passed by in-charge judges while the regular judge was on leave,
including judge details (with UID), case descriptions, and copies/particulars of orders—before the next hearing date.
Why are ex-parte eviction orders a concern?
Ex-parte orders (passed without hearing the other side) can raise questions of fairness and procedure—especially where notice/hearing is disputed.
Courts generally expect urgency to be handled via interim directions, with proper opportunity to be heard thereafter.
How do I get legal help quickly in Gurgaon and Delhi NCR?
Use the WhatsApp button above. Share a short summary and any relevant case documents/next dates, and we will connect you with an independent practicing advocate
suited to your issue (criminal, bail, rent/eviction, civil disputes, etc.).
For the official position in any particular case, please rely on certified court records and advocate advice.