Report No. 14
Section B
Delays
59. Do you consider that the period actually taken in the disposal of civil and criminal proceedings in the courts of your State exceeds what you consider to be reasonable in a large number of cases? If so, what in your opinion are the main causes of such delay?
60. Is it your view that the delay in the disposal of cases is due not so much to defects in the existing procedure as to other factors such as:-
(a) the dilatory tactics of the litigants or their lawyers,
(b) the slackness and the lack of proper training and experience in the presiding officers, and
(c) the inefficiency and lack of integrity of the clerical and the process serving staff of the court?
What suggestions will you make for the removal of these factors?
61. Is there a tendency in the courts of your State to seek frequent adjournments on insufficient grounds and are such adjournments frequently granted? Do these adjournments take place because-
(a) the lawyers being busy in other courts seek adjournments, or
(b) the cause list is crowded making it impossible for the presiding officer to take up the cases listed for the day?
Have you any suggestions to offer to eliminate delays caused in this manner?
62. Do you agree that the hearing of ex parte matters is often delayed by these matters being mixed up in the list with contested matters? Would it be helpful to devise a system by which ex parte matters could be separately listed and disposed of? Could the disposal of these matters be left to a Registrar of the Court Could these matters be disposed of on the allegations made in the plaint and without calling oral testimony?
63. What are your views on the proposal to appoint a special officer of the rank of a civil or subordinate judge for the performance of the following functions:-
(a) receipt, scrutiny and correction of pleadings;
(b) issue of processes;
(c) disposal of ex-parte and uncontested suits and proceedings;
(d) administrative duties at present discharged by the District Judge;
(e) execution proceedings?
64. Would you be in favour of devising a system by which cases would be listed only after they are ready and disposed of on fixed dates, no adjournments being granted except in exceptional circumstances for reasons to be recorded by the Judge?
65. Do you consider that the congestion of cases in the courts and the delay in their 'disposal are due to an insufficient number of judicial officers or courts?
66. Are any delays caused by the concentration of several courts in one and the same place?
67. Would you favour decentralization of Courts in Tehsil, Taluk, or Chowki headquarters?
68. Are there delays in the disposal of cases in the High Court? What are the causes thereof?
