Most civil matters overshoot time standards laid down in law: Govt
THERE ARE NEARLY THREE CRORE CASES PENDING AT VARIOUS STAGES OF TRIAL IN INDIAN COURTS
The rule of awarding a maximum of three adjournments in a civil matter, laid down in the Code of Civil Procedure is flouted in more than half the cases in the country leading to widespread pendency, a government panel of top officials has said.
The panel has stressed that the rule should be followed strictly to reduce pendency.
There are nearly three crore cases pending at various stages of trial in Indian courts.
The task force was set up by the government to suggest changes in judicial procedures for faster disposal of commercial disputes and to improve the country’s ranking in the World Bank index of ease of doing business.
“Provisions for overall time standards in a civil case — the number of adjournments that can be granted in a case in normal circumstances — is already available in the CPC. However, these time standards and the rule on adjournments are not followed in more than 50% of the cases,” the task force observed at one of its recent meetings.
The panel, headed by the secretary (justice) under the law ministry, “unanimously accepted” that the law of three adjournments should be strictly followed at least for commercial disputes.
The task force also recommended amending a key law dealing with time-bound settlement of commercial disputes. The department of legal affairs in the law ministry is looking at amending the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 to allow the establishment of commercial courts at the district level in some states.