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Report No. 77

1.5. Arrears in terms of number of pending cases and duration.-

Long delay in the disposal of cases has resulted in huge arrears and a heavy backlog of pending file in various courts in the country. A bare glance at the statements of the various types of cases pending in different courts and of the duration for which those cases have been pending is enough to show the enormity of the problem. The delay in the disposal of cases understandably causes dismay to, and creates disillusionment in, all those who knock at the doors of the courts.

If the number of cases in the disposal of which there is delay is very large, the dismay and disillusionment would necessarily become widespread. Long delay has also the effect of defeating justice in some cases. As a result of such delay, the possibility cannot be ruled out of loss of important evidence because of the fading of memory or death of witnesses. The consequence thus would be that a party with even a strong case may lose it not because of any fault of its own but because of the tardy judicial process entailing disappearance of material evidence.

Delay and Arrears in Trial Courts Back

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