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Report No. 77

7.9. Stage after preliminary decre.- Progress report to be called for.-

One other stage where considerable delays take place in certain category of evils is that subsequent to the passing of a preliminary decree. In suits for radiation of accounts or for partition, the courts, after awarding preliminary decree, generally appoint a Commissioner for going into the accounts of for effecting partition by metes and bounds.

Experience tells us that such proceedings before the Commissioner linger on for a long time. In one metropolitan city, the above task is performed by a judicial officer, while in other towns it is actually entrusted to Commissioners. Complaint all the same has been made that even before the said judicial officer the proceedings take unusually long time.

It is necessary that the court awarding the preliminary decree should keep a strict watch with a view to ensure that proceedings after the preliminary decree do not get protracted indefinitely. This can be done by asking for some kind of progress report whenever request is made for extension of time for completing the proceedings. Some credit may also be given, in terms of statistics, for awarding the final decree.



Delay and Arrears in Trial Courts Back




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