A bench comprising Justice Surya Kant and Justice Ujjal Bhuyan while hearing a Civil Appeal found that the suit was filed in the year 2001 and that the issues were not framed until 2019, moreover the plaintiff’s evidence commenced in 2022. The court stated that: “We are disheartened to note that in the instant case, Civil Suit for recovery bearing No. 1025 was filed in the year 2001. The issues were framed in 2019, and the plaintiff's evidence commenced somewhere in 2022”, the Court further observed that “If this is the fate of a suit for recovery of public money, it simply depicts an alarming situation and a question mark on the efficacy of the judicial system”.

The Supreme Court raised serious concerns about the backlog of suits pending before the Civil Courts in Gujarat.

The court directed the High Court of Gujarat's Registrar General to submit a status report including the total pendency in the civil courts and the proportionate cadre strength.

The top court also said the report must contain:

  1. The average pendency of the Civil Suits in all the Sessions Divisions of the State;
  2. The average life of a Civil Suit;
  3. How many total cases (civil and criminal) are allocated to each Civil Judge-cum-Judicial Magistrate on an average basis;
  4. The total pendency in the Civil Courts and the proportionate cadre strength;
  5. The details of infrastructure, human resources, computer/laptop and other facilities provided to each Court;
  6. How many Civil Appeals, Trials, and Miscellaneous Matters are pending before the First Appellate Court/Sessions Courts;
  7. What is the average life of each such Civil Appeals to Trial;
  8. The details of the infrastructure etc. provided to the First Appellate Courts/Sessions Courts; and
  9. If there is an inordinate delay, such as noticed in the instant case, what are the remedial measures that may be suggested by a committee to be constituted by the Hon’ble the Chief Justice of the High Court.

The report shall be submitted for consideration by the Committee for Model Case Flow Management Rules for Trial Court, District Appellate Court and the High Courts. The court also mentioned that the report shall be sent within eight weeks.

Read Order @LatestLaws.com

Picture Source :

 
Siddharth Raghuvanshi