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Report No. 77

6.2. Practice of fixing too many cases not desirable.-

The practice which prevails in some courts of fixing a number of cases on a day on which there is no reasonable chance of their being taken up for hearing, should be avoided. As it is, we find that some courts spend half an hour every day in calling certain cases with a view to adjourn them to a future date. The time spent for this purpose can hardly be considered to have been not to any constructive use.

Referring to the practice of some courts fixing more work than they could complete on the ground that if work just sufficient for the day were fixed, some cases might collapse and the presiding officer might thus be left without full occupation, the Rankin Committee observed:1

"The utmost concession that should be made to this view would be to fix for hearing on one day perhaps one quarter more than could be done on it and to give the undone work precedence on the next date. We have been unable to find in the majority of cases that any such practice has been adopted. More work is fixed for the day than can possibly be got through, whatever drops out, and precedence is not given to the undone work on the next date.

In any circumstances the principle is vicious. It appears to be based upon the idea that the courts may safely ignore the convenience of the public, in order to enable them to show a tale of work, which they suppose will be considered satisfactory by the higher authorities. It must be impressed and impressed very clearly that the first consideration should be the convenience of the public and that all other considerations should give way to that." The above observations, in the opinion of the Commission, provide a good rule for guidance.

1. Rankin Committee.



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