Published on: January 7, 2024 at 19:08 IST
Court: Supreme Court of India
Citation: Yashpal Jain V. Sushila Devi (2023)
Honourable Supreme Court of India has held that District Courts must utilise provisions of Code of Civil Procedure, 1908 as enumerated in “Order XI i.e., – interrogatories” and “Order XII – Admissions” for expeditious trial. It is further held that Courts must use the provision of “Order XVII – Adjournments” without fail and once the trial has commenced it shall be proceeded from day to day.
47. The following directions are issued:
vii. The counsels representing the parties may be enlightened of the provisions of Order XI and Order XII so as to narrow down the scope of dispute and it would be also the onerous responsibility of the Bar Associations and Bar Councils to have periodical refresher courses and preferably by virtual mode.
viii. The trial courts shall scrupulously, meticulously and without fail comply with the provisions of Rule 1 of Order XVII and once the trial has commenced it shall be proceeded from day to day as contemplated under the proviso to Rule (2).
ix. The courts shall give meaningful effect to the provisions for payment of cost for ensuring that no adjournment is sought for procrastination of the litigation and the opposite party is suitably compensated in the event of such adjournment is being granted.
xi. The statistics relating to the cases pending in each court beyond 5 years shall be forwarded by every presiding officer to the Principal District Judge once in a month who (Principal District Judge/District Judge) shall collate the same and forward it to the review committee constituted by the respective High Courts for enabling it to take further steps.
xii. The Committee so constituted by the Hon’ble Chief Justice of the respective States shall meet at least once in two months and direct such corrective measures to be taken by concerned court as deemed fit and shall also monitor the old cases (preferably which are pending for more than 05 years) constantly.
Drafted By Abhijit Mishra