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Report No. 77

7. Arguments, judgement and decree

(40) Arguments should be heard soon after the close of evidence. The general experience is that arguments so heard take much less time than arguments advanced after a long interval. In heavy cases involving voluminous evidence and complex questions of law, an adjournment may be necessary for hearing arguments, but it should not be too long.1

1. Paras. 7.1 and 7.2.

(41) Unduly lengthy arguments may be avoided.1

1. Para. 7.3.

(42) Tendency to cite needlessly large number of authorities and read lengthy passages from judgments may be avoided.3 Judgments of trial courts should deal with questions of fact by appraising the evidence, referring to relevant statutory provisions and citing such authorities as have direct bearing.1

Brevity in judgments, however, should not be used as a justification for not dealing with inconvenient contentions or crucial arguments.2

1. Para. 7.4.

2. Para. 7.5.

(43) Order 20, rule 1, Code of Civil Procedure should be complied with as to the tune within which the judgment should be pronounced.1

Time lag between pronouncement of judgment and preparation of decree should not be long. Order 20, rule 6A, Civil Procedure Code, lays down 15 days as the normal interval.2

1. Para. 7.6.

2. Para. 7.8.

(43A) In suits for accounts for partition, after the preliminary decree is passed, proceedings before the Commissioner linger on for a long time. To avoid such delay, the court should keep a strict watch, and some kind of progress report should be asked for when a request is made for extension of time for completion of the proceedings. For awarding the final decree, credit may be given for statical purposes.1

1. Para. 7.9.

Delay and Arrears in Trial Courts Back

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