Report No. 14
11. The subordinate courts.-
Although the state of work in the High Court is under control and there are no appreciable arrears, the same cannot be said of the subordinate courts. The state of affairs in these courts is truly deplorable. Twenty-five district and sessions judges worked during the years 1953-54 and 1954-55 and twenty-two in 1955-56 including additional district and sessions Judges. The disposal of work of these officers is shown in the following Table:-
Table No. 4
Civil Suits |
Small Cause Suits |
Civil Appeals |
Civil Miscellaneous Appeals |
|||||||||
| year | Total for disposal |
Dispose of |
Balance |
Total for disposal |
Disposed of |
Balance |
Total for disposal |
Disposed of |
Balance |
Total for disposal |
Disposed of |
Balance |
| 1 | 2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
11 |
12 |
13 |
| 1953-54 | 7742 |
2256 |
5486 |
20 |
8 |
12 |
13589 |
5445 |
8144 |
2288 |
1212 |
976 |
| 1954-55 | 7350 |
2308 |
5042 |
22 |
14 |
8 |
13232 |
5571 |
7661 |
2171 |
1192 |
979 |
| 1955-56 | 7046 |
2333 |
4713 |
17 |
14 |
3 |
12947 |
6856 |
6091 |
2095 |
1143 |
952 |
Session Cases |
Criminal Appeals |
Criminal revisions |
Case under Acts other than Balance |
|||||||||
Year |
Total for disposal |
Disposed of |
Balance |
Total for disposal |
Disposes of |
Balance |
Total for disposal |
Disposed of |
Balance |
Total for |
Disposed of |
Balance |
1953-54 |
315 |
255 |
60 |
340 |
284 |
56 |
125 |
90 |
35 |
1313 |
1312 |
1 |
1954-55 |
371 |
308 |
73 |
355 |
258 |
97 |
147 |
81 |
66 |
1742 |
1735 |
7 |
1955-56 |
512 |
370 |
142 |
559 |
402 |
157 |
240 |
141 |
99 |
1596 |
1598 |
8 |
12. It cannot be said that there is an inadequacy of judicial officers. Nevertheless, as is evident from the figures given in the above table, the disposals of these officers are low. From a perusal of the figures given in the following Table, it will appear that the number of old suits and appeals is extraordinarily large. Over twenty per cent. of the pending suits are over five years old and about forty per cent. of the civil appeals more than a year old and a substantial number have been pending for over two years. The need for the disposal of proceedings within a reasonable time does not seem to be present to the minds of the judicial officers concerned. A sense of urgency or a desire for expedition would seem to be totally absent.
Table No. 5
Nature of Proceeding |
Year |
Between |
Between |
Between |
Between |
Above |
1 & 2 years |
2 & 3 years |
3 & 4 years |
4 & 5 years |
5 year |
||
Regular Suits |
1953-54 |
1078 |
954 |
669 |
417 |
1121 |
1954-55 |
854 |
782 |
646 |
488 |
1069 |
|
1955-56 |
863 |
579 |
522 |
470 |
1058 |
|
Regular Appeals |
1953-54 |
2088 |
1200 |
521 |
170 |
164 |
1954-55 |
2035 |
1008 |
599 |
203 |
123 |
|
1955-56 |
1515 |
771 |
366 |
150 |
97 |
|
Note.-In 1955-56 some appeals were transferred to the subordinate judges; hence the sudden fall. |
||||||
13. It was authoritatively stated by those in a position to know the true position that the delay in the disposal of proceedings in district courts was due to the fact that work is concentrated in the hands of a few lawyers-four or five-and that the judicial officers usually accommodate the advocates by granting adjournments freely. It was remarked: "Nobody wants to become unpopular. Even High Court Judges do not want to become unpopular. How can the district judges do that?"
Although some judges attributed the delays in courts to lawyers, it was conceded that if the presiding officers were strict in granting adjournments, much of the delay caused in the subordinate courts could be avoided. We were informed that the recent establishment and decentralisation of subordinate judges courts was intended among other things to combat the delays arising from the concentration of work in the hands of a few advocates and that this measure has had a fair measure of success. Further steps may be taken in this direction. It is also necessary that judges should learn to face some temporary unpopularity in the interests of expedition and long range efficiency.
Once the subordinate judicial officers realise that laxity in granting adjournments will draw unfavourable comment from the High Court and that firmness will be encouraged and supported, there is bound to he greater dispatch in the disposal of civil work. In view of the heavy arrears it will also be necessary to put some senior officers exclusively for the disposal of old suits, and relieve them of all current work.
14. The number of subordinate judges' courts was increased from one to three on 1st November, 1954, and to six on the 18th August, 1955. The following Table shows the disposal of work by these courts.
Table No. 6
Civil Suits |
Small Cause Suits |
Civil Appeals |
|||||||||||
Year |
No. of officers |
Total for disposal |
Disposed of |
Balance |
Total for disposal |
Disposed of |
Balance |
Total for disposal |
Disposed of |
Balance |
|||
Below one year |
Above one year |
Below one year |
Above one year |
Below one year |
Above one year |
||||||||
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
11 |
12 |
13 |
14 |
1953-54 |
1 |
716 |
493 |
146 |
77 |
245 |
212 |
30 |
3 |
.. |
.. |
.. |
.. |
1954-55 |
3 |
932 |
595 |
134 |
203 |
184 |
162 |
21 |
1 |
.. |
.. |
.. |
.. |
1955-56 |
6 |
1410 |
813 |
336 |
265 |
192 |
170 |
21 |
1 |
1499 |
760 |
265 |
474 |
15. The Table set down below shows the number of suits pending over one year and the period for which they had been pending:
Table No. 7
Pending |
|||||
Year |
Between 1 & 2 years |
Between 2 & 3 years |
Between 3 & 4 years |
Between 4 & 5 years |
Above 5 years |
1953-54 |
21 |
15 |
2 |
1 |
38 |
1954-55 |
48 |
42 |
22 |
18 |
73 |
1955-56 |
39 |
38 |
33 |
30 |
125 |
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