The Government is considering fixing timelines for each stage of civil trials under the Civil Procedure Code across the country very much on the lines of the Commercial Courts Act, 2015 that introduced similar procedure to expeditiously dispose commercial cases.
In a note to be discussed by the Union law Minster next week with heads of the law Commission, Bar Council of India, National Judicial Academy, experts and bureaucrats dealing with judicial and legal affairs, the Government is expected to discuss this proposal as part of reforms to streamline court processes.
According to sources in the Ministry, the process of case disposal followed by subordinate and district courts is complex, old and time consuming. long adjournments, failure to serve summons or produce witnesses, and lack of information technology tools available with judges, public prosecutors and government offices, can be attributed to the mounting pressure of pendency of cases on the judiciary.
The note, prepared by the Ministry of law and Justice, said, "A new order on case management hearing has been introduced (under the 2015 Act) into the Civil Procedure Code, pertaining to hearing, imposition of costs and other provisions for time bound disposal of commercial cases…It is also necessary to examine the possibility of extending the provisions relating to case management hearings to all civil cases.
While this may require an extensive amendment in the Civil Procedure Code (CPC), the Advisory Committee on the National Mission for Justice Delivery and legal Reforms, which is advising the law Minister on this issue, has said, "Till the time an amendment to the CPC is introduced, the High Courts may look into the feasibility of introducing changes in their case flow management rules to permit case management hearing in all civil cases to ensure speedy resolution of disputes."
Under the Commercial Courts Act, arguments are to close within six months from the first date on which the parties sit together and conduct a case management hearing where they promise to abide by the time limits of framing of legal issues, listing of witnesses, fixing date for recording of evidence, etc.
Even on adjournments, the new Order under the Act provides no adjournment for advocate not present or filing of written arguments, unless there exists genuine grounds, which the Court shall record while extending time.
In case of violation of this timeline, the concerned court will have power to impose costs, refuse further opportunity to the party to file response, or dismiss the suit if the non-compliance is willful and repeated.