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The High Court held that expiry of a scheduled speed track does not justify dismissal of a suit; the proper course is to amend the scheduling order and proceed on the merits.
The trial court erred in dismissing the suit for lapse of speed track under Order VIII D Rule 41(a) as delays were not solely attributable to the plaintiff; both parties and the court contributed to adjournments. The proper course was to extend the speed track under Order VIII D Rule 41(c).
Source excerpt
The High Court extended an expired speed track period, holding it was in the interest of justice to depart from the scheduling order because of earlier adjournments and a preliminary objection.
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