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Report No. 77

5.10. Law Commission's view in the 14th Report.-

About the necessity of recording statements of parties before framing issues in big complicated cases, the Law Commission, in its fourteenth report,1 observed:

"As pointed out by the Uttar Pradesh Judicial Reforms Committee, the presiding officer is over-worked and has to rush through the process of settling issues and does not have sufficient time to make proper use of Order X. Further, in view of the heavy arrears in many of the Courts, the presiding officers are not inclined to spend time and labour over preliminary steps in cases which they themselves may not be called upon to try.

In simple cases of small value, the examination of parties under these rules may probably put an end to the suit by the examination demonstrating that the parties are not at variance on any matter whatever, or have only trifling differences. In difficult and complex cases a great saving of time will result, if proper and timely use is made of these provisions. It should be the duty of the district judges at the time of inspection to see whether the presiding officers make proper use of these provisions. Their failure to observe these rules should also be taken into consideration in deciding upon the officer's fitness for promotion."

1. Fourteenth Report, Vol. 1.

Delay and Arrears in Trial Courts Back

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