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Report No. 14

18. Court of district and sessions judges.-

The following two statements show the civil and criminal work done by the district and sessions judges (including the additional district and sessions judges) during the years 1954-56.

Civil Work

Civil Suits

Misc. Civil Cases and Petition

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 year

Institutions

Disposal

Balance

Pending at the beginning of 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

District Judges & Additional District Judges

1954

59

21

30

21

31

258

389

385

172

83

1064

660

482

550

494

160

356

314

175

20

1955

52

26

23

24

32

255

445

362

221

110

1044

768

704

651

455

195

366

382

157

18

1956

56

67

36

50

40

331

480

392

203

185

1106

906

823

662

469

175

413

324

238

24

Criminal Work

Session Cases

Criminal Appeals

Civil and Revisions

Year

Pending at the beginning of the year

Institution

Disposal

Balance

Pending at the beginning of the year

Institution

Disposal

Balance

Pending at the beginning of the year

Institution

Disposal

Balance

Below one year

Over one year

Below one year

Over one year

Below one year

Over one year

District and Session Judges and Additional District and Session Judges

1954

113

248

255

104

2

615

1029

1271

353

20

83

306

279

109

1

1955

106

318

282

141

1

373

938

1066

241

4

110

228

291

97

..

1956

142

328

310

156

4

245

1380

1075

543

7

47

279

229

97

4

Assistant Session Judge

1954

47

130

143

31

3

..

..

..

..

..

..

..

..

..

..

1955

34

88

96

25

1

..

2

1

1

..

..

..

..

..

..

1956

26

100

91

34

1

1

134

90

45

..

..

..

..

..

..

The above-mentioned figures have been supplied by the High Court of Orissa.

There are however some slight discrepancies, which cannot be avoided

It will be noticed, that the work of district and sessions judges is heavily in arrears, particularly on the civil side. On the criminal side, the existing strength of the higher judiciary is just able to keep pace with the current institutions. The original suits tried by district judges are generally of a special nature. Although the number of suits is not very large, nevertheless, the rate of disposal has been low. In 1955, the average duration of cases disposed of after full trial was as high as 770 days i.e. over 2 years.

A large number of civil appeals are also pending, out of which nearly 42 per cent, were more than one year old in 1956. The average duration of a contested civil appeal was 656 days i.e. about 1 year and 10 months, being the highest in India in that year. The administration reports also show, that the average duration of original suits, civil appeals and sessions cases has been progressively rising since 1951. All these factors clearly indicate, that the existing strength of the higher judiciary is incapable of controlling the files. The work on the civil side seems to suffer greatly as district and sessions judges are apparently unable to devote sufficient time and attention to this part of their work.

We have noticed earlier, that quite a substantial part of their work is shared by subordinate judges, who deal with civil and criminal appeals and also dispose of sessions cases. If relief is given to subordinate judges, by relieving them of much of their civil appellate and session work as suggested by us, a still heavier burden will be thrown on district and additional district judges. The district judges will also have to devote more time to their supervisory duties. In view of these facts, we are of the view that the strength of the Higher judiciary needs to be augmented.







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