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Report No. 253

(iv) Delays and arrears in disposal of cases

2.5.1 The problems of pendency alluded to above have to be understood in the context of delay and arrears in the disposal of cases. Pendency figures are in part, a product of various factors such as the size of the population and the number of judges - thus, the number of cases pending in Bombay will always be greater than those in Himachal Pradesh. However, such figures do not explain how long, on average, each case has been pending for.

To understand the magnitude of the problem of arrears in the High Courts and the delay in the disposal of cases, the Law Commission sought data from the High Courts with original jurisdiction in respect of the time-period for which suits have been pending, broken down into suits which have been pending for less than two years, between two to five years, between five and ten years, and more than ten years. This data has been tabulated below:

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