Report No. 79

Chapter 7

Grouping and Listing of Appeals

I. Importance

7.1. Need for proper listing.-

In order that an appellate court-or, for that matter, any court-may function with the maximum efficiency, it is necessary that the business before that court is so arranged that matters which require prompt attention get such attention and also that the situation of old cases getting older and of new cases receiving priority should, as far as possible, be avoided. It is not enough to ensure the good quality and adequate strength of the judges; it is also necessary that the same be utilised in the best manner in attending to judicial business, so that arrears do not accumulate.

7.2. Cause of arrears.-

It has not been disputed1 that lack of proper listing and proper notice of ready cases, and not giving priority to old cases, is a factor which contributes to the accumulation of arrears. Similarly, failure to group cases involving the determination of common questions of law may contribute to the piling up of arrears.2 Accordingly, we propose3 to devote a few paragraphs to that aspect.

1. Para. 7.4, infra.

2. High Courts Arrears Committee Report, (1972), p. 49, paras. 33, 34.

3. Paras. 7.3 and 7.4, infra.