Courts are clogged as a result of flagrant abuse of the legal system
In plain English, the word “adjourn” implies postponing or ending. The term is not defined in the Code of Civil Procedure, 1908, however, Rule XVII deals particularly with adjournment. In accordance with the Code of Civil Process, this article discusses the purpose, need, and adjournment process, The Supreme Court laid the responsibility for the record number of cases still pending at the highest court on multiple adjournments that were requested in practically every case. With years of the backlog remaining at or below 60,000 cases, the official estimate shows the number at 70,000 cases, which is the greatest number to date.
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“Tareekh pe tareekh, tareekh pe tareekh, tareekh pe tareekh”- Pendency Flood
The trial court should act responsibly and quickly question the senior citizen witnesses, the judge continued, because the important witnesses were senior citizens. The trial court had handled one of the oldest cases still pending before it with insensitivity, the justices said.
Considering the proceedings would show how carelessly one of the oldest cases pending in the court was handled, I believe it is appropriate to persuade the learned Judge of the Sessions Court for Exclusive Trial of Bomb blast/NIA crimes to resolve the issue quickly.
The trial court was therefore ordered by the court to complete the proceeding within two months by posting the case on a daily basis and, if necessary, by adjourning it for no more than two or three days.
According to police investigations in Tamil Nadu and Karnataka, a string of public hackings of important right-wing Hindu figures that have taken place in various regions of Tamil Nadu over the past two years were terrorist operations with careful planning.
Is it being followed: Rule of maximum 3 adjournments
According to a government panel, more than 50% of the cases being handled by courts do not follow the established protocol of permitting a maximum of three adjournments per case, which causes the backlog of cases to grow. The panel emphasized the importance of carefully adhering to the law of three adjournments in order to decrease the staggering three crore cases that are currently pending in Indian courts.
In order to expedite the resolution of commercial disputes and raise the nation’s ranking in the World Bank index of ease of doing business, the task force was established by the government. The increased number of cases that are pending is said to be mostly due to frequent adjournments. The high courts have been urging lower courts in their states not to frequently postpone hearings. The task team also proposed changing a crucial rule governing the timely resolution of business disputes.
Is it a Bane?
Adjournment is totally up to the court’s discretion, but it must be used in a fair and reasonable manner, not capriciously or arbitrarily. There is no set standard for how this discretion should be used in every situation. Depending on the specifics and circumstances of each instance, it would change.
This clause was contested in the case of Salem Advocate Bar Assoc. v. Union of India. The clause restricting adjournments cannot be deemed to be ultra vires or unconstitutional in some extreme cases where it may become necessary to grant an adjournment despite the fact that three adjournments have already been granted, for example, in the case of the Bhopal gas tragedy, riots, or other extremely serious matters.
Judges frequently make the error of granting time to parties without good reason, which is a problem with the way that courts work. Wherever the court judges it appropriate, a reasonable amount should be imposed even if this does not function. The situation that is currently in court is intentionally being delayed.
The parties and their attorney will give the reason as being a sudden illness or physical ailment for the fact that evidence will be presented; if there is any proof that the evidence was false, immediate action should be taken against the parties.
