An in-house bimonthly journal of National Federation of Societies for Fast Justice

Registered under Societies Registration Act, 1860 (Regn.No. S/2315/Distt.South/2017

327, First Floor, Masjid Moth, South Extension Part -2, Andrews Gunj, South Delhi 110049

Email: natfedsffj@gmail.com / nyaydisha@gmail.com

President: Raj Kachroo  |  Secretary: Parbodh Bali  |  Treasurer: Bharat Vasoya

Editorial Board

Bharat Vasoya

Dr. Anjali Chakrovorty

Pravin Patel

Executive Committee of National Federation of Societies for Fast Justice

  • President
  • Raj Kachroo
  •  
  • Vice-President
  • Capt. S.C. Tripathy
  •  
  • Secretary
  • Parbodh Bali
  •  
  • Treasurer
  • Bharat Vasoya
  •  
  • Members
  • Dinesh Soni
  • Santosh Shetty
  • Rajendra Thacker
  • S. Mukhtar Ahmad
  • Sri. Thomas Pettah
  • Smt. Anjali Chakravorty
  • Smt. Anjali Chakravorty
  • Sri Yudhishthir Moharana

Board of Trustees Forum for Fast Justice

  • Chairman Emeritus
  • Sri Bhagwanji Raiyani
  •  
  • Immediate Past Chairman
  • Sri O.P.Monga
  •  
  • General Secretary
  • Sri Ashish Mehta
  •  
  • National Convener & Hon. Trustee
  • Sri Pravin Patel
  •  
  • Member Trustees
  • Sri Ramesh Kankia
  • Sri Prakash Khatiwala
  • Sri Rajendra Thacker
  • Sri Vankatraman Murlidhar
  • Sri Manoj Champanerkar
  • Mrs. Atithi Patel

Archives

No more than 3 Adjournments to Ensure Speedy Justice

No more than 3 Adjournments to Ensure Speedy Justice

Delhi High Court Directs District Courts

To ensure speedy justice and better utilisation of limited resources, the Delhi High Court has directed district courts to allocate work as per a judicial officer’s expertise, dispose of cases within realistic timelines and not give more than three adjournments. The high court vide it’s circular dated: 03-07-2017 bearing No: 3/74/DHC/Gaz/G-7/Misc / 2017 has said that the rule of three adjournments and imposition of compensatory costs has to be followed strictly. The circular also directs the district court judges to “ensure that each and every case is being heard effectively and disposed of as early as possible”, but “within realistic timelines.” Operating part of the direction is reproduced here under:-

Hon’ble the Acting Chief Justice while considering the matter regarding proper implementation of the existing provisions in the CPC relating to grant of adjournments, adherence to timelines, electronic filing and electronic service of summons has been pleased to direct as under:-

  1. All efforts be made to ensure that each and every case is being heard effectively and disposed of as early as possible albeit within realistic timelines. However, general directions which have been issued by this Court from time to time are being reiterated to expedite trial/ disposal of cases while using time-management techniques, etc. Further, all efforts be made to allocate the judicial work while taking into consideration the field of expertise so as to ensure optimum utilization of limited resources.
  2. Since adjournments are governed by relevant provisions of law, no hard and fast rule to straight jacket formula can be adopted for each and every case or provide for every contingency. Although granting adjournment is the discretion / prerogative of the court, yet general directions which have been issued by Court from time to time are being reiterated to grant the same keeping in view the rules position as well as facts and circumstances of the case, i.e. unless sufficient/good cause for adjournment is shown, the Courts are required to proceed in accordance with law and even the consent of opposite party is not to be considered a sufficient /good cause. Also, the rule of three adjournments and imposition of compensatory costs is to be followed strictly.
  3. Delhi Courts Service of Processes by Courier, Fax and electronic Mail Service (Civil Proceedings) Rules, 2010 are already in force. The matter of changes proposed to be made therein is under active consideration before the appropriate Committee consisting of senior Hon’ble Judges of this Court, Senior Advocates and District Judges. The District & Session Judges be directed to encourage service of process electronically by taking recourse to Chapter 4 Rule 12 of the said Rules, i.e. a party desirous of sending the process to other party by e-mail shall provide e-mail address of the other party or a party whom it would like to serve by e-mail to ensure purity of service a party seeking e-service is required to file an affidavit in Court stating that the e-mail address of the other party given by him is correct to the best of his knowledge. Such party is also required to file a certificate under Section 65B of the Evidence Act in this regard.

I am, therefore, to request you to kindly take necessary action accordingly.

Yours faithfully,
S./d
(Dinesh Kumar Sharma)
Registrar General


(Typed version of the order of High Court of Delhi is as under)

HIGH COURT OF DELHI
Sher Shah Road, New Delhi

No: 3/74/DHC/Gaz/G-7/Misc / 2017

Dated: 03-07-2017

From:
The Registrar General
Delhi High Court
New Delhi
To,

  1. The District & Sessions Judge (HQ) Tis Hazari Courts, Delhi
  2. The District & Sessions Judge, North-West District, Rohini Courts, Delhi
  3. The District & Sessions Judge, South District, Saket Courts, New Delhi
  4. The District & Sessions Judge, South-West District, Dwarka Courts, New Delhi
  5. The District & Sessions Judge, West District, Tis Hazari Courts, Delhi
  6. The District & Sessions Judge, North District, Rohini, Delhi
  7. The District & Sessions Judge, South-East Distict, Saket Courts, Delhi
  8. The District & Sessions Judge, East District, Karkardooma Court, Delhi
  9. The District & Sessions Judge, New Delhi District, Patiala House Courts, New Delhi
  10. The District & Sessions Judge, Shahdara District, Karkardooma Courts, New Delhi
  11. The District & Sessions Judge, North-Eat District, Karkardooma Courts, Delhi

Sub: Action taken as well as Proposed to be taken for the proper implementation of the existing provisions in the CPC relating to grant of adjournments, adherence to timelines, electronic filing and electronic service of summons.

Sir / Madam,

Hon’ble the Acting Chief Justice while considering the matter regarding proper implementation of the existing provisions in the CPC relating to grant of adjournments, adherence to timelines, electronic filing and electronic service of summons has been pleased to direct as under:-

  1. All efforts be made to ensure that each and every case is being heard effectively and disposed of as early as possible albeit within realistic timelines. However, general directions which have been issued by this Court from time to time are being reiterated to expedite trial/ disposal of cases while using time-management techniques, etc. Further, all efforts be made to allocate the judicial work while taking into consideration the field of expertise so as to ensure optimum utilization of limited resources.
  2. Since adjournments are governed by relevant provisions of law, no hard and fast rule to straight jacket formula can be adopted for each and every case or provide for every contingency. Although granting adjournment is the discretion / prerogative of the court, yet general directions which have been issued by Court from time to time are being reiterated to grant the same keeping in view the rules position as well as facts and circumstances of the case, i.e. unless sufficient/good cause for adjournment is shown, the Courts are required to proceed in accordance with law and even the consent of opposite party is not to be considered a sufficient /good cause. Also, the rule of three adjournments and imposition of compensatory costs is to be followed strictly.
  3. Delhi Courts Service of Processes by Courier, Fax and electronic Mail Service (Civil Proceedings) Rules, 2010 are already in force. The matter of changes proposed to be made therein is under active consideration before the appropriate Committee consisting of senior Hon’ble Judges of this Court, Senior Advocates and District Judges. The District & Session Judges be directed to encourage service of process electronically by taking recourse to Chapter 4 Rule 12 of the said Rules, i.e. a party desirous of sending the process to other party by e-mail shall provide e-mail address of the other party or a party whom it would like to serve by e-mail to ensure purity of service a party seeking e-service is required to file an affidavit in Court stating that the e-mail address of the other party given by him is correct to the best of his knowledge. Such party is also required to file a certificate under Section 65B of the Evidence Act in this regard.

I am, therefore, to request you to kindly take necessary action accordingly.

Yours faithfully,
S./d
(Dinesh Kumar Sharma)
Registrar

Adjournments: Maximum three times with cost to parties, to court
Reasons be recorded as stipulated in CPC in order XVII
Perjury for knowingly filing false statement. 7 years prison + fine. IPC Chapter XI


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