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Report No. 14

20. In Subordinate Judges Courts.-

Turning to the position in the subordinate judges' courts the accompanying Table (No. 5) will show the institution, disposal and pendency of proceedings of different categories during the three years 1954-56.

Table No. 5

Region

Nature of the Proceeding

Instituted

Disposed of

Pending

Pending

Over a

year

1954

1955

1956

1954

1955

1956

1954

1955

1956

1954

1955

1956

1

2

3

4

5

6

7

8

9

10

11

12

13

14

Andhra

Civil suits

2140

1488

1409

3222

1784

1704

3026

2730

2525

1634

1610

1463

Small causes suits

4527

4179

4779

4345

4111

4414

1520

1588

3953

62

142

213

Misc.Civil cases and petitions

51500

50789

51361

50979

50570

50484

7817

8036

8913

1252

1552

1520

Civil appeals

2184

1966

1970

2165

2019

1892

6209

2154

2252

431

613

526

Civil Misc. appeals

N.A.

753

659

669

701

685

289

351

325

16

16

36

Sessions cases

294

196

184

273

231

180

60

26

31

2

1

..

Criminal appeals

..

..

1541

..

..

1491

..

..

50

..

..

..

Criminal Revn.

..

..

20

..

..

20

..

..

..

..

..

..

Case under I.P.C.

..

..

2

..

..

2

..

..

..

..

..

..

Cases under other Acts

8

4

7

13

4

4

1

1

4

..

..

..

Telangana

Civil suits

794

724

878

870

761

787

535

498

663

85

95

177

Small cause suits

433

503

555

493

466

517

99

136

176

..

10

4

Misc. Civil cases and petitions

1206

1031

1125

1172

1226

1051

484

289

431

56

34

71

Criminal appeals

336

220

109

330

221

133

44

43

19

..

..

..

Criminal revn.

566

598

568

450

550

464

116

48

104

..

..

3

Cases under I.P.C.

2035

1503

1291

2106

1495

1394

218

226

130

5

3

1

Other cases

1661

1216

1582

1718

1408

1551

234

142

173

17

3

4

Note.- 1. 10 officers in 1954 and 1955 and 11 in 1956 worked as subordinate judges and district magistrate in the Telengana Region.

2. 30 officers in 1954, 25 in 1955 and 22 in 1956 worked as subordinate judges out of whom 26, 21 and 19 were vested powers of assistant sessions judges in Andhra Region.

21. The annual average disposal of work by a subordinate judge based on the institutions and disposals during the same period is as under:

Table No. 6

Region

Nature of proceeding

Instituted

Disposed of

Pending

1

2

3

4

5

Andhra

Civil Suits

65.4

87.13

107.53

Small Cause Suits

175.1

167.65

65.5

Civil Appeals

79.4

78.9

86

Civil Misc. Appeals

24.73

26.7

12.5

Civil Misc. Petns. and Cases

1995.4

1974.3

321.63

Sessions cases

10.2

10.3

1.8

Telangana

Civil Suits

77.4

78

54.7

Small Cause Suits

48.1

47.6

13.2

Civil Appeals

Civil Misc. Petns. and Cases

108.4

111.2

39

Cases under IPC

156

161

18.5

Cases under other Acts

147

151

17.4

Criminal Appeals

21.4

22

3.4

Criminal Revision Petitions.

56

47.2

8.7

22. Notwithstanding a substantial increase in disposals and a progressive fall in the number of year-old suits one cannot overlook the fact that some suits have remained pending over a decade. The following table shows the number of original suits pending on 1st January, 1956 arranged according to the years of institution in the sub-courts in the Andhra region.

Table No. 7

Region

Year

1942

19433

1944

1945

1946

1947

1948

1

1

2

1

5

8

10

16

1949

1950

1951

1952

1953

1954

1955

1956

20

46

119

186

433

762

1103

2713

23. The file of the subordinate judges is loaded with all kinds of proceedings. In the Andhra districts these judges entertain proceedings under the Land Acquisition Act, the Indian Succession Act, and the like. They are constituted Employees' Insurance Courts under section 74 of the Employees' Insurance Act, 1948 and are appellate courts under the Rent Control Act. They have also been invested with powers of Assistant Sessions Judges and considerable criminal work is being done by them. Suits filed in these courts are of a complicated nature. It will be seen from the following table that quite a large number-approximately fifty per cent.-out of the total institutions are suits requiring adjudication of claims to immovable property.

Table No. 8

Year

Total number of suits of suits instituted

Title and other suits

Suits for money or movable properties

1

2

3

4

1953

2334

1125

1109

1954

2007

990

1017

1955

1372

662

710

24. Fifty per cent. of the suits brought to trial before the sub-courts are disposed of after contest as will be seen from the table set down below:-

Table No. 9

Name of the district and Head Quarter of the court

Pending at the beginning of the year

Instituted

Total for disposal

Total Disposed of

Disposed of after contest

Average duration

1

2

3

4

5

6

7

Anantpur

Anantpur

130

60

190

108

54

741

Cuddapah

Cuddapah

28

11

39

22

10

129

East Godavari

Kakinada

168

108

276

126

67

539

West Godavari

Eluru

155

81

236

192

123

522

Guntur

Bapatla

188

63

251

77

44

819

Krishna

Gudivada

89

36

125

50

31

691

Kurnool

Kurnool

109

853

194

80

353

459

25. In 1921 the number of a year-old suits in the subordinate judges' courts in the composite State of Madras which comprised of about twenty-six districts was 1793 whereas in 1956 the number in the ten Andhra districts was nearly the same-1463. The Civil Justice Committee considered the pendency in the subordinate judges' courts as "a state of affairs not capable of being easily set right without some scheme for at once getting rid of the incubus of arrears."1 This observation applied with greater force to the Andhra districts in its present state of affairs. It has to be noted that work is heavy in some courts and light in others and a redistribution of territorial jurisdiction should be effected wherever necessary.

It is a matter for consideration whether in the Telangana region where the nature of litigation is simple and institutions are comparatively small, the territorial jurisdiction of courts can be increased. If the subordinate judges are relieved of their civil appellate work and of some of their sessions work, it will enable them to devote their time mainly to their original civil work and to dispose of the arrears within a reasonable time while disposing of a few sessions cases also. We are of the view that after the arrears are cleared it will be necessary to re-examine and re-determine the strength of the subordinate judges.

1. Report, p. 553.



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