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Report No. 77

6. Court diary and evidence and substitution of legal representatives

(28) The work of controlling the court diary and the fixing of dates should be done by the presiding officers and should not be left to the Reader or Sheristadar. While fixing cases for a particular date, the presiding officer should ensure that the number of cases fixed on a particular date is such as can reasonably be disposed of on that day, allowing at the same time a margin for the collapse of one or two cases because of unforeseen circumstances.1

1. Para. 6.1.

(29) It is not desirable to fix a case for a date on which there are no prospects of its being taken up. The better course would be to fix one quarter of work more than can be disposed of on a day.1

1. Para. 6.2.

(30) There must be some standard for the number of cases pending in a court. Whenever there are indications that the number of cases goes beyond that standard, additional courts should be created.1

1. Para. 6.3

(31) There is a tendency to over-prove allegations of fact. Unnecessary prolongation of depositions should be avoided.1

1. Para. 6.4.

(32) Control may be exercised by the trial judge when questions, that are uncalled for, harassing or slanderous, are put in cross-examination.1

1. Para. 6.6.

(33) Although we have adopted the accusatorial system, the trial judge should not play an altogether passive role, but, must take greater interest and elicit such information as may be helpful in finding the truth.1

1. Para. 6.7.

(34) Entire evidence should, as far as possible, be recorded at a stretch.1

1. Para. 6.8.

(35) Desirability of proving things like those of a formal nature by affidavits instead of by oral evidence be considered .1

1. Para. 6.9.

(36) The provisions of Order 17, Code of Civil Procedure as amended, be enforced strictly, to prevent unnecessary adjournment of cases.1

1. Para. 6.10.

(37) Feasibility of adoption of the list system in force in Kerala in other States may be considered.'1

1. Para. 6.11 (Special list system).

(38) In regard to bringing on record legal representatives of deceased parties, the recent amendments made in Order 22, Code of Civil Procedure, may be kept in view.'1

1. Para. 6.12 (Order 22, rules 4, 4A, Civil Procedure Code).

While issuing commissions for the examination of witnesses, direction should be given to ensure that the needful is done within the time fixed.1

1. Para. 6.13.

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