(a) whether the Government are aware that it has become a routine affair to postpone hearing; and
(b) if so, the details of the corrective steps proposed to be taken in the matter?
(a) whether the Government are aware that it has become a routine affair to postpone hearing; and
(b) if so, the details of the corrective steps proposed to be taken in the matter?
MINISTER OF LAW, JUSTICE AND COMPANY AFFAIRS AND SHIPPING (SHRI ARUN JAITLEY )
(a) & (b): Both the the Government and Judiciary are
concerned with the postponement of hearings. The Civil
Procedure Code (Amendment Bill) 1999,inter alia, stipulates
that the court may postpone the hearing of the suit to a day
not later than seven days from the date of first hearing and
that adjournments shall not be granted more than three times
to a party during hearing of the suit. The relevant
amendments are awaiting government notification.
Justice Malimath Committee had also pointed out
that granting of unnecessary adjournments is one of the
factors which contribute to accummulation of arrears.
Pursuant to these recommendations, the High Courts of Punjab
and Haryana, Orissa,Gujarat,Andhra Pradesh, Himachal Pradesh,
Madras, Patna, Gauhati, Rajasthan, Sikkim, Allahabad and
Bombay have informed that they have taken necessary steps to
discourage granting of adjournments by courts.