Report No. 79

III. Scrutiny and Registration

5.6. Delay in registration of appeal.-

After an appeal is presented,1 it has to be scrutinised and registered.2 Delay in this process is sometimes appreciable, and could be avoided by adopting certain measures. There is a practice in almost all the courts of noting the defects in the memorandum3 of appeal and returning the same to the parties for representation after curing the defects within a certain time. But the parties or their counsel take their own time in representing the memorandum of appeal with the application to excuse delay which is automatically granted, and the office is obliged to register the appeal at that time.

There is also a complaint among the bar in some States that all the defects found in the appeal are not noted at the same time, but that the defects are being pointed out in instalments and at different times-a practice which, apart from causing inconvenience to the members of the bar and the litigant public, is responsible for further delay. To remedy the above difficulty, we suggest that the court should register the memorandum of appeal within seven days of its presentation, and the office should, within that period, note all the defects to be cured. Registration, however, need not be postponed until, rectification of defects. A time limit should then be stipulated within which such defects will have to be cured.

This time limit should not exceed fifteen days, and a notice of the same should either be published on a notice board of the court, or given to counsel or the appellant. If the defects are not cured within that time limit, the Registrar of the High Court should have power, under rules to be framed by the High Court, to extend the time for a period not exceeding 15 days for proper reasons, on an application to be filed by counsel or by the appellant. If the defects are not cured even within the extended time, or if no application is filed for extension of time. The appeal should, without further delay, be listed before the court for necessary orders. Modifications of the rules, if necessary, may be made to give effect to the above suggestion4.

1. Order 41, rule 1(1), Code of Civil Procedure, 1908.

2. Order 41, rule 3(1), Code of Civil Procedure, 1908.

3. Order 41, rule 9(1), Code of Civil Procedure, 1908.

4. For action in connection with rules.

5.7. Order 41, rule 11A, Code of Civil Procedur.- expeditious hearing of appeal.-

In this connection, reference1 should be made to Order 41, rule 11A, Code of Civil Procedure, 1908, which provides that every appeal should be heard under Order 41, rule 11, as expeditiously as possible and endeavour shall be made to conclude such hearing within 60 days from the date on when the memorandum of appeal is made. In view of this provision, it is necessary to tone up the administrative machinery of High Courts for scrutiny of the memorandum of appeal, so that there is adequate stall and not much time is spent in bringing to light deficiencies in the memorandum of appeal.

1. Order 41, rule 11A, Code of Civil Procedure, 1908.