Civil Procedure–Speedy Justice–Certain directions–Issued–
(1) Proper execution of summons be ensured in a time-bound manner as prescribed under Order 5, Rule 2.
(2) It should be ensured that the written statement should be filed within thirty days as prescribed under Order 8, Rule 1–Reasons should be assigned in writing as to why the time limit is being extended beyond 30 days.
(3) After the pleadings are complete, it should be ensured that the parties are called upon to appear on day-to-day fixed as indicated in Order 10 and the admissions/ denials are recorded–Parties should be directed to opt for either mode of settlement outside the Court as specified in Sec. 89(1)–In the event of ADR not being fruitful, the trial should commence on the next date so fixed and should proceed on day-to-day basis.
(4) In the event of the partys failure to opt for ADR, the Court should frame the issues for its determination within one week preferably, in the open Court.
(5) Fixing of the date of trial shall be in consultation with the learned advocates appearing for the parties to enable them to adjust their calendar–Once the date of trial is fixed, the trial should proceed accordingly to the extent possible on day-to-day basis.
(6) Diary should be maintained to ensure that only such number of cases as can be handled on any given date for trial and complete the recording of evidence so as to avoid overcrowding of the cases.
(7) The counsels representing the parties may be enlightened of the provisions of Order 11 & 12 so as to narrow down the scope of dispute.
(8) The Trial Courts shall scrupulously, meticulously and without fail comply with the provisons of Rule 1 of Order 17.
(9) The Court shall give meaningful effect to the provisions for payment of cost for ensuring that no adjournment is sought for procrastination of the litigation and the opposite party is suitably compensated in the event of such adjournments being granted.
(10) At the conclusion of trial, the argument shall be heard immediately and continuously and judgment be pronounced within the period stipulated under Order 20.
(11) The statistics relating to the cases pending in each Court beyond five years shall be forwarded to the Principal District Judge once in a month.
(12) The Committee constituted by the High Court of the respective State shall direct such corrective measures to be taken by the concerned Court as deemed fit and shall also monitor the old cases constantly.
