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Report No. 14

15. State of file in District Courts.-

The following statement shows the civil and criminal work done by District Judges and Additional District Judges during the years 1954-56.

District and Sessions Judges and Additional District and Sessions Judges and Assistant Sessions Judges

Criminal Work

Session Cases

Criminal Appeals

Civil and Revisions

Year

Pending at the beginning of the year

Instituted

Disposal

Balance

Pending at the beginning of the year

Institution

Disposal

Balance

Pending at the beginning of the year

Instituted

Disposal

Balance

Below one year

Over one year

Below one year

Over one year

Below one year

Over one year

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

1954

467

1437

1393

505

6

1845

5939

5828

1908

18

N.A.

3404

3313

628

58

1955

511

1527

1308

652

6

1926

5365

5699

1560

32

686

3153

3158

776

37

1956

658

1702

1725

622

12

1592

5481

5454

1552

67

813

2719

3434

1066

12

Note.- These figures have been supplied by the High Court of Patna. There are however some discrepancies in these figures.

It will be seen from this statement that the civil work is very much in arrears. The average duration of a contested suit in 1954 in the court of a District Judge was 1114 days, that is, a little less than 3 years. This was the highest in India during that year.

The Subordinate Judges share with the District and Additional District judges a great deal of their civil appellate and sessions work. This will appear from the following two statements.

Civil Appeals

District Judge

Civil Suits

Misc. Civil cases and petitions

Civil Appeals

Civil Misc. Appeals

Year

Pending at the beginning of the year

Institutions

Disposal

Balance

Pending at the beginning of the year

Institutions

Disposal

Balance

Pending at the beginning of the year

Institutions Disposal

Disposal

Balance

Pending at the beginning of the year

Institutions

Disposal

Balance

Below one year

Over one year

Below one year

Over one year

Below one year

Over one year

Below one year

Over one year

1

2

3

4

5

6

7

8

9

10

10

12

13

14

15

16

17

18

19

20

21

1954

145

64

104

43

52

1281

2294

2143

1109

314

4316

4877

1462

2694

931

654

1376

785

668

53

1955

95

89

97

53

34

1423

2757

2231

1398

472

3625

4727

1604

2780

517

721

1510

869

622

39

1956

87

91

52

63

56

1865

2875

2548

1619

499

3533

4178

2009

2455

534

680

1489

967

640

55

It will be seen from this statement that the civil work is very much in arrears. The average duration of a contested suit in 1954 in the court of a District Judge was average was 1114 days, that is, a little less than 3 years. This was the highest in India during that year.

The Subordinate Judges share with the District and Additional District judges a great deal of their civil appellate and sessions work. This will appear from the following two statements.

Civil Appeals

Regular Civil Appeals

Misc. Civil Appeals

Year

District Judges

Sub Judges

Total

District judges

Sub Judges

Total

1954

1,462

4,777

6,239

785

708

1,493

1955

1604

4,676

6,280

869

838

1,707

1956

2,009

3,330

5,339

967

646

1,613

Sessions Cases

Year

Committed during the year

No. of cases disposed of

Disposed of by District judges

Disposed of by Assistant Sessions judges

No. of cases pending at the end of the year

Average duration from the date of Commitment

1951

1,447

1,317

830

487

568

127.1

1952

1,518

1473

890

583

608

147.7

1,953

1,488

1,629

949

680

469

139.9

1954

1,459

1,407

812

595

519

124.9

Notwithstanding the fact that a substantial number of civil appeals are disposed of by subordinate judges, there is long delay in the disposal of regular appeals in the courts of District Judges. The average duration of a contested appeal in the district courts in the year 1954 was 658 days, being the highest in India during that year. As against this, the average duration in the courts of subordinate judges was 349 days.

It is quite evident that in spite of the assistance given by the subordinate judges, the existing strength of the higher judiciary is unable to cope with even the current institutions, leaving aside the mass of arrears that have already accumulated both on the civil and the criminal side. The enhancement of the appellate jurisdiction of district judges suggested by us will therefore necessitate an increase in their numbers.



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