'Alarming Situation' : Supreme Court Flags Concerns On Pendency Of Civil Suits In Gujarat Courts, Seeks Report From HC
The Supreme Court, recently (on August 06) flagged serious concerns pertaining to the pendency of suits before Civil Courts in the State of Gujarat.
The Bench of Justices Surya Kant and Ujjal Bhuyan, while hearing a civil appeal, noted that the suit for recovery was filed in the year 2001. However, the issues were not framed until 2019 and then the plaintiff's evidence commenced in 2022.
"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."
Expressing its dismay at the situation, the Bench remarked “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 judicial system.”
In view of this, 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 report shall also encompass:
- The average pendency of the Civil Suits in all the Sessions Divisions of the State;
- The average life of a Civil Suit;
- How many total cases (civil and criminal) are allocated to each Civil Judge-cum-Judicial Magistrate on average basis;
- The details of infrastructure, human resource, computer/laptop and other facilities provided to each Court;
- How many Civil Appeals, Trials, Miscellaneous Matters are pending before the First Appellate Court/Sessions Courts;
- What is the average life of each such Civil Appeals to Trial;
- The details of the infrastructure etc. provided to the First Appellate Courts/Sessions Courts; and
- 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 aforesaid report shall be submitted for consideration of the Committee for Model Case Flow Management Rules for Trial Courts, District Appellate Courts, and High Courts. Pertinently, the timeline prescribed for the same is eight weeks. This committee, constituted by the Supreme Court, will suggest a Plan for Reduction of Arrears in the High Courts and District Courts.
Ordering thus, the Court posted the matter for hearing on October 20, 2024.
Case Details: GUJARAT INDUSTRIAL INVESTMENT CORPORATION LTD GUJARAT INDUSTRIAL INVESTMENT CORPORATION LTD., Diary No. - 32558/2024