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Currently there are 3 crore cases which are pending in India.1.8 crore cases are filed every year. With so much work for the courts efficient justice delivery is the key requirement so that people faith in our justice delivery is restored.

In 2002 CPC was amended with many measures were taken for speedier justice delivery process.

1) Order 27 was amended which has feature that summons to the defendants to be delivered within 30 days which means that plaintiff has taken requisite steps for summon delivery.

2) Amendment in section 89- which facilitates ADR mechanism should be implemented and rules of the same shall be made which is in 89(1)(b). ADR mechanisms will remove the burden of cases from civil court.

3) Amendment in Adjournment rule-Provisions of heavy costs and maximum 3 adjournment rule.

4)  Amendment in Order 7 rule 11- Additional grounds for plaint rejection 11(e) and 11(f) were added 11(e)- rejection if plaint not filed in duplicate. 11(f)-Rejection if in contravention with order 7 rule-9.

5) Amendment in section 81- where 2 months’ notice for government bodies was made mandatory. This provision would help to curb the governmental delays as government is a biggest litigator today.

6) Amendment in order 41 rule 11 in which now there is mandatory registration of appeal in memorandum of appeal register. This is done to have a feedback between district and high court..

7) Section 26 (2) Rule 15(4) order 6 Amended- Made affidavit with a plaint mandatory in order to tackle fake suits.

8) Amendment in Section 100A which made appeal in High court to a larger bench infructuous, to avoid unnecessary time wastage of court,

9) Amendment in Order 8 Rule -1 Additional time of 90 days were given so that requisite time is given to file the WS and

 

Still lot more needs to be done in order to increase the speed of judicial process, like the human resource management in courts which would rescue the judicial time from administrative delays. Effective implementation of ADR’s for motor vehicles cases and cases of NI Act would again curb the pendency such that judicial mind is spent on more critical cases.

If judiciary has scarce resources then management of judiciary is the key for effective justice delivery.


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Category Civil Law, Other Articles by - Nitish Banka 



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