Direction issued by the Hon'ble Supreme Court to expediate trial of civil cases
Addressing the alarming backlog of cases in the country, the Supreme Court, in the case of Yashpal Jain v. Sushila Devi and others, has issued a comprehensive set of 12 directions to expedite the disposal of legal proceedings. These directions, outlined by the bench of Justices S Ravindra Bhat and Aravind Kumar, are aimed at various levels of the judiciary to streamline the trial process. Here are the detailed directives:
1. Monitoring of Summons Execution : All district and taluka-level courts are instructed to ensure the timely and proper execution of summons, as per Order V Rule (2) of CPC. The Principal District Judges will monitor this process and submit statistics to a committee appointed by the High Court for evaluation.
2. Filing of Written Statement : Courts at the district and taluka levels should ensure that written statements are filed within the prescribed time limits, preferably within 30 days. Reasons for extensions beyond 30 days must be recorded in writing, following Order VIII Rule 1 of CPC.
3. Pleadings Completion and ADR: After completing the pleadings, parties should be called to appear, admissions and denials recorded, and options for alternative dispute resolution (ADR) explored as per Section 89(1) of CPC. If ADR is unsuccessful, trial should commence promptly on the next day.
4. Framing of Issues : In case of a party's failure to opt for ADR, the court should frame the issues for determination within one week, preferably in an open court.
5. Fixing of date for trial : Fixing the trial date should involve consultation with advocates to accommodate their schedules, and once fixed, the trial should proceed on a day-to-day basis to the extent possible.
6. Case Load Management: Trial judges should maintain a diary to ensure that only a manageable number of cases are handled each day, avoiding overcrowding, adjournments, and inconvenience to stakeholders.
7. Responsibilities of Bar Associations: Counsels should be informed of the provisions of Order XI and Order XII to narrow down the scope of dispute. Bar Associations and Bar Councils are entrusted with conducting periodic refresher courses, preferably through virtual modes.
8. Rule 1 of Order XVII Compliance: Trial courts must scrupulously comply with Rule 1 of Order XVII, proceeding from day to day once the trial has commenced.
9. Cost for Adjournments: Courts should enforce the provisions for payment of costs to deter adjournments and compensate the opposite party in case of granted adjournments.
10. Oral Argument and Judgment: At the conclusion of the trial, oral arguments should be heard immediately and continuously, with judgments pronounced within the stipulated period under Order XX of CPC.
11. Statistics on Pending Cases: Presiding officers should forward statistics on cases pending beyond 5 years to the Principal District Judge monthly. These statistics will be collated and submitted to the review committee established by the respective High Courts.
12. Review Committee Meetings: The committee constituted by the Chief Justice of each state should meet at least once every two months to direct corrective measures for concerned courts and monitor old cases, especially those pending for more than 5 years.
The Secretary General of the Supreme Court has been directed to circulate the judgment to all high courts. The court also emphasized that additional directions may be issued in the future as necessary.