The Hindu : Karnataka / Bangalore News : The mills of justice set to grind a little faster

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Monday, Nov 10, 2008
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Karnataka

Karnataka - Bangalore

The mills of justice set to grind a little faster

B.S. Ramesh

In a first for the country, High Court all set to initiate measures for early disposal of cases

Cases will have to be heard and disposed of within a time limit
The rules prescribe a time limit for various court procedures

BANGALORE: The judiciary in India has often been accused of taking an inordinately long time to hear and decide cases. Much of the criticism is against frequent adjournments and prolonged hearings and endless court procedures. All this may soon become a thing of the past when the Karnataka High Court adopts for the judiciary in the State a new set of rules to do away with delays.

The High Court will shortly ensure that all courts in the State adopt these new measures so that cases in the subordinate courts will have to be heard and disposed of within a time limit. These rules will be made mandatory for the lower courts once the High Court fills up all the vacancies of civil judges and other presiding officers in the State.

Last week, the High Court inducted into service 123 of the 229 civil judges who have been selected. The selected judges are being trained at the Karnataka Judicial Academy after which they will be allotted different courts.

Once the vacancies in the lower judiciary if filled up, and this is expected to be completed very soon, the High Court will make it mandatory for the courts to adopt the new rules.

Revolutionary measure

Described by many in the legal profession as the most revolutionary measure initiated by any High Court in the country, the new rules would not only pave the way for expeditious disposal of cases but also usher in several other changes in the judicial system now being practised in the State. Called the Karnataka (Case Flow Management in Subordinate Courts) Rules 2005, it was gazetted by the State Government some time ago. The High Court then framed the rules which would apply to all suits and civil proceedings before the subordinate civil courts and tribunals.

The Case Flow Management rules categorises cases into four sections, each dealing with a particular topic. Under Track 1, the High court has included suits on maintenance, child custody, appointment of guardians and wards, visiting rights, letters of administration, succession certificate, recovery of rent and permanent injunction. All cases relating to these topics would have to be disposed of within nine months.

Under Track 2, cases on execution, divorce and ejectment would have to be disposed of within 12 months.

Cases that are to be disposed in 24 months relate to partition, declaration, specific performance, possession, mandatory injunction, appeals, damages, easements, trade marks, copy rights, patents and intellectual property rights. Cases that are not in any of the three categories are included in the fourth category and they too have to be disposed of in 24 months. The presiding officer, however, has the right to dispose of the case early.

Time limit

The rules also prescribe a time limit for various court procedures such as issue of summons/notices issued in suit or proceedings shall indicate the maximum of 30 days for filing written statement or objection from the date of service.

For calling of cases, the stages specified are steps for summons/notice, appearance of parties, written statements or objections, hearing interlocutory applications (IAs), reference to mediation, framing of issues (for suits), evidence, examination-in-chief by affidavit, cross examination and re-examination, arguments and judgment.

The procedures for IAs and interim orders and reference to mediation, conciliation or Lok Adalat, appointment of commissioners for recording of evidence, proceedings for perjury, adjournment and even first appeals have also been spelt out.

With the new set of rules coming into the picture, civil cases in subordinate courts lasting for years may become a thing of the past.

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