Published on: October 29, 2023 at 22:21 IST
Court: Supreme Court of India
Citation: Yashpal Jain V. Sushila Devi (2023)
Honourable Supreme Court of India has held that Justice Delayed is Justice Denied. It is held that it is the duty of the judiciary to protect the rights and liberties of every citizen. It is directed to the Hon’ble Court to strictly utilise the provision of Code of Civil Procedure, 1908 to reduce the delays. It is held that on account of non-application of many provisions of the Code of Civil Procedure, 1908 by the Presiding Officers of the Civil Courts is one of the reason or cause for delay in the proceedings or disputes not reaching to its logical conclusion.
30. At the outset, it is necessary to point out the reasons for delay in civil trial namely:
(i) Absence of strict compliance with the provisions of CPC;
(ii) Misuse of processes of the court;
(iii) Lengthy/prolix evidence and arguments. Non-utilization of provisions of the CPC namely Order X (examination of parties at the first hearing);
(v) Non-Awarding of realistic cost for frivolous and vexatious litigation;
(vi) Lack of adequate training and appropriate orientation course to judicial officers and lawyers;
(vii) Lack of prioritization of cases;
(viii) Lack of accountability and transparency.
Drafted By Abhijit Mishra
