Report No. 14
16. Large number of cases compromised.-
An analysis of the manner in which the 18,94,440 cases were disposed of by the Panchayati Adalats in Uttar Pradesh set out in the Table below is interesting.
Table VI
Statement Showing The Manner of Disposal of Cases Instituted In The Panchayat Courts In The State of Uttar Pradesh During The Period 15th August, 1949 To 31st March, 1956.
Disposed of |
|||||||
| Total No. of cases institute in all the Panchayat Courts in the State | By transfer to other courts | Ex parte | By dismissal for default | After judgement | As a result of compromise between parties including cases (Civil and revenue) which were referred to the Panchayati Adalats by the consent of both the parties for recording settlement even though they were beyond their jurisdiction. | Total Number of cases disposed of | Remarks |
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
19,14,098 |
1,20,067 |
2,29,272 |
2,90,052 |
5,74,572 |
6,80,477 |
18,94,440 |
|
It shows that as large a number as 6,80,477 of these cases were compromised and that these compromised cases included cases referred to these adalats by the consent of parties for recording settlement, even though they were beyond their jurisdiction. Such cases referred to these adalats numbered 32,357. This large proportion of cases compromised to the total number of cases disposed of amounting to over one-third clearly points to these panchayats being able to fulfil, in a large measure, the task of conciliating disputes.
17. Number of appeals and revisions filed small.-
It has not been possible to obtain from all States the figures as to the number of revisions or appeals filed from the decisions of these panchayat courts. The Table set out below indicates the number of revisions and appeals filed in six of the States during certain years.
Table VII
Statement Showing The Number of Suits and Cases Filed Before Village or Panchayat Courts and The Number of Appeals or Revisions From Their Decisions
Name of the State |
Year |
Number of Civil Suits or Criminal Cases disposed of |
Number of appeals |
Number of Revisions |
Remarks |
1 |
2 |
3 |
4 |
5 |
6 |
Bihar |
1951-1952 |
4,587(Civil Suits) |
363 |
In Bihar appeals lie to the Full Bench of the Gram Cutcherry. |
|
17,262(Crl. Cases) |
1121 |
||||
1952-1953 |
8,475 (Civil Suits) |
218 |
|||
19,867 (Crl. Cases) |
1542 |
||||
1953-1954 |
8,681 (Civil Suits) |
243 |
|||
30,760 (Crl. Cases) |
1146 |
||||
1954-55 |
10,405 (Civil Suits) |
506 |
|||
35,574 (Crl. Cases) |
1243 |
||||
Kerala |
1956 |
4,000 (Civil Suits) |
40 |
||
Madhya Pradesh |
1956 |
18,953(A) |
7722 (Civil) |
(A) Includes Criminal Cases. |
|
464 (Criminal) |
|||||
Punjab |
1951-52 |
12,170 (Civil Suits) |
77 (Civil) |
||
15,293(Crl. Cases) |
148(Criminal) |
||||
1952-1953 |
16,893 (Civil Suits) |
137 (Civil) |
|||
18,813 (C rl. Cases) |
252(Criminal) |
||||
1953-1954 |
24,431 (Civil Suits) |
119 (Civil) |
|||
31,213 (Crl. Cases) |
281 (Criminal) |
||||
1954-1955 |
28,277 (Civil Suits) |
550 (Civil) |
|||
33,661 (Crl. Cases) |
885 (Criminal) |
||||
1955-1956 |
22,467 (Civil Suits) |
389 (Civil) |
|||
23,487 (Crl. Cases) |
435 (Criminal) |
||||
Rajasthan |
1955-1956 |
78,487 (Civil Suits) |
6,539 (Civil) |
In Rajasthan Appeals lie to Tahsil Panchayats. |
|
82,432 (Crl. Cases) |
7841 |
||||
West Bengal |
1952 |
5,383 (Civil Suits) |
120 |
||
1953 |
5,331 (Civil Suits) |
106 |
|||
1954 |
5,558 (Civil Suits) |
261 |
These figures show that only a very small percentage of the decisions of these courts were taken to the superior courts and that out of those so taken, only a small proportion were reversed. The note in regard to the working of the Panchayati adalats in Uttar Pradesh referred to above indicates that over a period of over six years from the 15th of August, 1949 to the 31st of March, 1956, the percentage of revisions filed in civil matters was 3.2, in revenue matters 2.3 and in criminal matters 5.7, the average percentage being 4.1.
The revisions accepted bore a percentage of 1.9 to the total number of cases disposed of by these courts. Fully allowing for the restricted powers of revision conferred on the superior courts in respect of the decisions of these panchayat courts, it would be a fair inference to draw from the above figures that the villagers in general are satisfied with the administration of justice obtaining in village or panchayat courts and that the decisions of these courts on the whole do substantial justice.
18. Nature of litigation in civil courts.-
The Table set out below shows the nature, value, institution and disposal of suits in the courts of munsifs for the year 1954 in various States.
Table VIII
Statement Showing The Number, Value, Institution and Disposal of Suit In The Courts of Munsifs or Corresponding Judicial Officers For The Year 1954
Name of the State |
Number of suits of all kinds pending at the beginning of the year |
Number of suits of all kinds pending at the beginning of the year |
Number of suits for money or movable property out of the number shown in column 3 |
Classification of suits mentioned in Column 3 according to valuation upto Rs. 500 |
Number of suits disposed of |
Number of suits pending at the close of the year |
Number of suits pending for over a year |
Remarks |
|
Value upto Rs. 100 |
Value between Rs. 101 and Rs. 500 |
||||||||
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
Andhra |
21,042 |
61,093 |
51,843 |
12,157 |
36,923 |
63,639 |
23,866 |
4,656 |
(A) The figures shown against this State relate to the official year 1954-55. |
Assam |
5,175 |
8,890 |
3,963 |
3,898 |
3,521 |
8,408 |
6,150 |
1,562 |
|
Bihar |
51,738 |
1,15,745 |
10,755 |
85,579 |
19,188 |
64,936 |
50,809 |
8,098 |
|
Bombay |
49,796 |
76,768 |
48,877 |
21,445 |
28,924 |
78,320 |
51,639 |
14,112 |
The figures shown in Column No. 2 against the States of Andhra, Madras and Travancore-Cochin include Small Cause Suits. |
Madhya Pradesh |
17,677 |
19,349 |
7,306 |
3,976 |
8,164 |
25,990 |
16,115 |
3,432 |
|
Madras |
65,557 |
52,799 |
34,797 |
17,613 |
27,110 |
58,367 |
62,934 |
41,716 |
|
Mysore(A) |
13,920 |
23,311 |
18,591 |
8,033 |
9,222 |
23,716 |
9,337 |
Not available |
|
Orissa |
8,829 |
9,007 |
4,878 |
2,158 |
4,257 |
10,262 |
9,299 |
3,802 |
|
Punjab |
9,400 |
19,248 |
8,674 |
4,602 |
9,386 |
20,392 |
9,013 |
481 |
|
Rajasthan |
12,267 |
22,571 |
19,460 |
3,118 |
13,367 |
7,764 |
12,200 |
2,445 |
|
Saurashtra |
282 |
1,170 |
967 |
538 |
430 |
1,136 |
322 |
28 |
|
Travancore-Cochin(A) |
35,977 |
36,224 |
23,777 |
11,220 |
16,632 |
41,578 |
34,588 |
18,794 |
|
Uttar Pradesh |
84,676 |
95,961 |
17,160 |
39,351 |
33,825 |
1,09,862 |
1,09,841 |
34,314 |
|
West Bengal |
51,521 |
1,57,383 |
10,049 |
1,20,904 |
27,190 |
1,61,282 |
55,196 |
12,908 |
|
Note. 1.- Though it was our our intention to give the number of Suits valued above Rs. 100 and below Rs. 200 in Column No. 6, yet it was not possible to give the number of such Suits, as the figures could not be obtained either from the High Courts or from the reports on the administration of civil justice.
2. In the Punjab, there are four classes of subordinates judges; as it has not been possible to ascertain which class of subordinate judges corresponds to officers in the Cadre of Munsiffs in other States, figures relating to the judicial business transacted by subordinate judges Class 1 to Class 4 have been given.
Large number of regular suit triable by panchayats (Relief to regular Courts by the establishment of panchayats).-An examination of these figures shows that more than 50 per cent. of the suits, except in West Bengal, are money suits or suits for movable property and a very large proportion of these suits, it would be fair to infer, are of the pecuniary value of less than Rs. 500. The statement further shows that a large number of these suits remained pending at the close of the year and some of them have remained pending for over a year. Taking the figures relating to Madras, for example, out of a total of 52,799 suits of all kinds instituted during the year, 34,797 suits were for money or movable property.
Out of these 17,613 suits were valued at Rs. 100 and below. Including the 65,557 suits pending at the beginning of the year, the total number of suits for disposal was 1,18,356. The total number of suits disposed of during the year was 58,3671 leaving a balance of 62,934 at the end of the year out of which over 41,000 suits had been pending for over one year. Bearing in mind that more than 50 per cent. of the suits that are filed relate to money or movable property, it would be legitimate to infer that about 50 per cent. of the suits pending for more than a year were suits relating to money or movable property.
As a major portion of these would be suits for claims not exceeding Rs. 500, it would be reasonable to conclude that probably suits between the number of 10,000 and 20,000 would be suits in respect of claims for money or movable property not exceeding Rs. 500 in value have been pending for over a year. Basing ourselves on these figures, the conclusion is irresistible that taking the country as a whole a very large number of suits-probably between a hundred thousand and two hundred thousand of the value of Rs. 250 remain pending in the regular courts for over a year.
It may be that a proportion of these suits may not be such as may fall within the jurisdiction of the panchayat courts, either by reason of the nature of the suits or absence of territorial jurisdiction, or on account of their notional valuation under the Court Fees Act. Nevertheless, it is clear that a large proportion of these suits would be cognizable by the panchayat courts. This situation undoubtedly arises from the fact that the panchayat courts have not yet been established in large parts of the country and that in some parts of the country their pecuniary jurisdiction is very low.
The reasonably efficient and expeditious disposal of these small suits falls peculiarly within the province of the panchayat courts. If these cases, capable of easy and quick disposal, could be taken away from the file of the regular courts, there would be a substantial improvement in the efficiency and dispatch of the courts of the munsifs and a reduction may be possible in the number of officers manning these courts.
1. Includes disposals by transfer.
19. Benefits of panchayat courts (Speed and cheapness).-
One cannot also forget the inconvenience and expense to which the villager approaching the regular courts of justice is subjected. The file of the regular courts is congested with all types of cases, petty and substantial, cases where numerous parties are concerned, and cases in which interlocutory proceedings of various kinds arise. In such a congested file the simpler cases naturally are apt to be delayed and even lost sight of. In the regular courts even the poor litigant finds it necessary to engage the services of a lawyer, a step which sometimes involves more expense than the substance of his claim.
Added to all this is the circumstance that the litigant has to journey to a place which may be 40 or 50 miles distant from his village in order to reach the regular court. Often times, he has to pay for processes to be served on the defendant and the charges of travel and subsistence of his witnesses, probably on more than one occasion at the hearing of his case. In the result, very often the costs incurred in proceedings in the regular courts are out of all proportion to the value of the claim in the suit. The trial of the suit not infrequently becomes more a trial of the financial capacity of the parties.
20. Convenience of witnesses.-
A further point that needs notice is the adverse effect which the protracted proceedings in the regular courts have upon the rural economy of the country. The agriculturist litigants are taken away for long periods of time from their occupations and kept at the place where the court is situated for days together. It has to be remembered that it is not only the litigant but his witnesses as well who have to attend the court during the proceedings and at the adjourned proceedings if an adjournment takes place. Taking the country as a whole it would not, we think, be an exaggeration to assert that hundreds of agriculturists would thus be kept away from their occupations by having to attend to their litigation in the regular courts. This must undoubtedly have an adverse effect upon the agricultural economy of the country.
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