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Report No. 79

7. Grouping and listing of appeals

(47) The system of listing should be such that matters which require prompt attention get it, and the situation of old cases getting older while new cases receive priority is avoided.1

(48) (a) Cases involving common questions of law should be grouped and posted together for hearing before the same Bench.2

In particular, appeals in land acquisition cases relating to different parcels of land in the same locality should preferably be put up together.3

(b) Appeals involving points which, since the filing of the memorandum of appeal, have been settled by authoritative decisions should also be listed in one batch for disposal.4

(49) (a) The normal system should be that of a continuous list. There should be a ready list, containing particulars of all cases ready for hearing in chronological order according to the date of institution.

(b) From this ready list, the daily list should be drawn up in the same manner, and with reference to the date of institution. Cases should be taken up from this daily list seriatim, deviation being made only in exceptional circumstances.

(c) Adjournment of cases in the daily list should be an exception, not a rule.5

(50) Priority should be given to certain types of cases, which, because of their nature, require early disposal.6

(51) Cases should be assigned to judges with experience in the particular branches of law.7

(52) (a) Benches constituted for particular classes of cases should be allowed to function for a reasonable length of time, so as to avoid part-heard cases being left when the Bench is disbanded.8

(b) Cases not disposed of by a disbanded Bench should be posted before the successor Bench or (if that is not immediately possible), posted for hearing without delay.9

1. Paras. 7.1 and 7.2.

2. Paras. 7.3 and 7.4.

3. Para. 7.5.

4. Para. 7.6.

5. Paras. 7.7 and 7.8.

6. Paras. 7.9 to 7.11.

7. Paras. 7.12 to 7.15.

8. Para. 7.16.

9. Para. 7.17.

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