Reduction

Reduction Pendency
Pendency of
of Court
Court Cases
Cases

With

Speedy
Speedy Trial
Trial

Case studies
in analyzing
the creative strategy
applied to the
Process & events in reducing
Ten Years old pending cases

Speedy
Speedy Trial
Trial Tools:Tools:-

Effective
Effective Use
Use of
of E-courts
E-courts system
system
Litigant
Litigant Charter
Charter
General
General Principles
Principles of
of Management
Management

Effective
Effective Use
Use of
of E-courts
E-courts system
system

NJDG A Judicial Tool- Useful to check Updated data and overall position
of pendency

NJDG Displaying :-

The total Pending Cases as per Age

10 years and 05 years total pending cases

Case Details Page Displays History and

Reason for Pending case.

Need
Need To
To Find
Find Out
Out the
the Other
Other Reasons
Reasons for
for pendency
pendency of
of Cases
Cases
Reasons May be due to :-

Stayed Cases / Stay Vacated Cases

Restored Cases
Remanded back Cases
Time Bound Cases

Use
Useof
ofYearwise
YearwiseBreakUp
BreakUpStatement-To
Statement-Toascertain
ascertainactual
actualpending
pendingcases
cases

10 Years

74

05 Years

248

Example
Example :: To
To Find
Find Out
Out Actual
Actual
Pending
Pending 10
10 years
years // 05
05 Years
Years cases
cases
AGE

NJDG

Physical
Verification
Registers &
Periodical
Returns [a]

Stayed
Case
[b]

Actual
Pending
[a-b]

10
Years

39

62

16

46

05
Years

248

200

62

138

Position as on 15th December 2016

Effective
Effective Use
Use of
of Litigant
Litigant Charter
Charter
To
To communicate
communicate with
with Litigants/Advocates
Litigants/Advocates

Litigant
Litigant Charter
Charter Effective
Effective Communication
Communication System
System

Application of General Principles of management

Physical Verification:
Quantitative & Qualitative
1. Find out period of stay, R&P Sent and
Received, Dismissal in Default & Restoration
Period

2] Case pending before disband court, link

court, Additional Court
3] Time bound cases by Higher Courts

General
General Principles
Principles ofAdministration
ofAdministration of
of Justice
Justice

Processual
Processual Law
Law

Procedural
Prescriptions
are Lubricant,
not a resistant

Civil
Civil Law
Law
Sub-Servient to and
Aid to Justice
Sufficent Cause =
Apply Law in the ends of Justice
Interest of Justice to both sides
Imposition of Costs cannot
substitute absence of Reason

Process
Process and
and Events
Events

A Series of Events
to produce a Result
Are expected to operate
in the specified order

Occurrence
Something that Happens
It is sub-procedure
That Wait for certain
event to happen
And react thereafter

An
An activity
activity is
is aa sub-set
sub-set of
of process.
process.
Use principles of Natural justice
Use principles of Natural justice
Ex.
Ex. Time
Time bound
bound case,
case, special
special drive
drive program.
program.

How
How to
to Manage
Manage the
the Process
Process and
and Events
Events
A process is a system for handling events.
Event Management
in the consolidation process of Procedure Code.
The hardest part of a process is keeping it going.

Ensure the right people receive

the right information at the right time .

Difference
Difference between
between common
common law
law and
and civil
civil law?
law?

* In common law, past legal

precedents or judicial rulings are
used to decide cases at hand.
* Under civil law, codified statutes
and ordinances rule the land.
Use
Use of
of common
common law
law :: where
wheretime
timeto
tocomplete
completeprocess
processor
orevent
eventis
is
not
notprovided
provided in
incivil
civilProcedure
ProcedureCode.
Code.
Ex.
Ex.Court
Courtmay
maypass
passorder
orderas
asdeemed
deemedfit,
fit,May
Maypass
passany
anyorder.
order.

General
General principles
principles of
of case
case management
management
Promote the just determination of litigation.
Dispose efficiently of the business of the Court.
Maximise the efficient use of scarce judicial and
administrative resources.
Facilitate the timely disposal of business.
Ensure that, where a case proceeds to trial, the
issues are clearly defined, evidence is presented in
an efficient manner and the materials for the Judge
are complete and well organised.
* Fix time table for case management.

Study
Study the
the Court
Court and
and Case
Case Flow:
Flow:
Workload of Court: [ Numer of allotted cases]
1. Study the completed events of the pending cases.
2. Study the events and process that may
require to disposed the suit.
Case flow Management:
The judge has to assess the processes , events and
time that may be required during the case flow and
scheduling the cases.

Preparation
Preparation for
for Case
Case Flow
Flow ::

1. Time that may be require for judicial work.

2. Time that may be require for effective judicial
work.
3.Time that may be require for non-judicial work.
4. Time that may be require for interlocutory
hearing, orders etc.
5. Time that may be require for studying the cases.
6. Time that may be require for maintaining the ecourt management system and to execute the court
management plan.
7. Time for other works vested by the higher
authorities in the administration of the court.

Fix
Fix target
target ::
Monthly Target
Four Monthly Target
Annual Target
Next Year Target

Pilot
Pilot Project
Project
Case studies in analyzing the creative strategy applied to the event.

Objectives:
Objectives:

Zero pendency of 10 years backlog on or

before 31 st December 2015 & To reduce 05
Years pendency
Place:
Place:
Period
Period ::

Labour Court , Aurangabad

Year 2014 To 2015

Yearly
Yearly Break
Break Up
Up Statement
Statement -- April
April

Yearly
Yearly Break
Break Up
Up Statement
Statement -- May
May

Quarterly
Quarterly Report
Report From
From January
January To
To April
April 2014
2014

Quarterly
Quarterly Report
Report From
From May
May To
To August
August 2014
2014

Quarterly
Quarterly Report
Report From
From Setember
Setember To
To December
December 2014
2014

Quarterly
Quarterly Report
Report From
From January
January To
To April
April 2015
2015

Quarterly
Quarterly Report
Report From
From May
May To
To August
August 2015
2015

Quarterly
Quarterly Report
Report From
From September
September To
To December
December 2015
2015

st

31 December 2015

Observations for Four Monthly Period :

Result
Result of
of Pilot
Pilot Project:
Project:
During the Month May the reduction in Pendency as:
03 cases were disposed off by the judgment of 10 years backlog.
25 cases were disposed off by the judgment of 05 years backlog.
12 cases were disposed off by the judgment of other pending
cases.
In 07 cases effective interlocutory or other orders were passed.
02 cases are otherwise disposed off [01 case was withdrawn and
01 case through Mediation]

Observations
Observations ::
Now the closing balance of month May is
1384. It is due to the new filing /institution of
cases. In the month May, 26 cases are for 10
year backlog. Total 495 cases are for 05 years
backlog cases are pending . This figure may
increase in case of creating backlog cases
during the month
[May-Month -Statement 'C']

Quarterly
Quarterly target:
target:
Cases Reduced during the month May to August : Out of 29 backlog cases for 10 years [stayed
cases are 25 ]. The decided cases are 05. Thus,
the backlog created during this period for 01 is
reduced.
Total 57 cases are decided by Judgment.
Otherwise, cases 304 and
59 cases effective events were completed.

Findings
Findings ::

During the project period, the number of

backlog cases increases because of the
increasing the age of cases.
Indication:- It is equally necessary to
restrain from creating a future backlog of
10 years old cases.

AppliedApplied- General
General Principles
Principles of
of Management
Management
and
and Modern
Modern Tools
Tools in
in
Pilot
Pilot Project
Project

Court Business process Management

Events Management

Events:
Events:

Amendment, Addition/deletion of
party,
Bringing
legal
Representative, application for
dismissal of suit, appointment of
court commissioner for local
inspection, adjournments on various
grounds after framing issues etc.

Business
Business Process:
Process:

To prepare summons, service of summons,

adjournments on various grounds prior to
hearing/framing issues,Appointment of court
commissioner for recording evidence etc.

Time
Time Management
Management

If there is no specific time provided in the code for

the completion of event then with the help of
effective time and case management the court may
speed up the trial.
Variables in Time Management :
The time and case management is also closely
connected with the case load / nature of suit and
case load management/ policy to allote cases and
adequate time to balance the memorandum of the
court.

Judicial
Judicial Discretion
Discretion Time
Time Management
Management
Where
Where Freedom
Freedom provided
provided by
by Legislature
Legislature

Study Code & Manual:

Freedom

Where deadline-time is not provided

to comply Events, Process

Condition for Freedom

It should not be contrary to
the Statute or Rules made thereunder
Findings:

Subject to Condition for Freedom

Freedom as per Rules of Natural Justice

How
How to
to fix
fix time
time for
for events
events and
and business
business process:
process:
What time is to be provided so that the trial will

be proceed speedily ?

Ans:Where a time is not fixed in the Code or Manual

then court has to grant time as per its discretion.
Ex: * Order IX Rule 5 the process has to be pay within 07
days.
*Order VI Rule 14 the amendment has to be carried out
within 14 days. It speaks to extent time but it does not
mean to grant again 14 days or morethan 14 days.
* It should be least half time than the original time
provided by the code.

Court
Court Business
Business Process
Process
1. Summons Preparation Process

As per Section 27 the summons has

to be prepared within 30 days. Now
due to the computerization a
process for summons preparation
made fast.
2. Summons Service Process

Order V Rule 9 do not speak time to deliver the summons.

The summons service modes are provided to make an
effort to serve the summons personally. With the help of
modern electroinc method and tracking system a
summons service process can be made fast.

3. Written Statment:

Order VIII provides 30 days time and maximum

upper limit 90 days.The discretion of the Court to
extend the time shall not be so frequently and
routinely exercised so as to nullify the period fixed
by Order VIII Rule 1.
4 . Admission / Denial , Production of document :

Order XII Rule 7, To admit the documents within

seven days.
* All objections , admissions/denial and ADR
reference shall be before the framing Issues.

5. Framing Issues:

Order XIV provides 15 days time but it depends upon case

load / worklod of the court and other environment of the
court.It is better to upload framed issued on website or
make it available to the parties and counsels so that, any
controversy may be resolved at the initial stage.
6. Evidence :
* Order XVIII: No Time Limit to Record the Evidence.
But as per Rule 2 parties shall also indicate the likely
duration for the evidence to be completed.
* Appointment
examination.

of

Commissioner

for

the

Cross

7. Argument :

The object of filing written arguments or fixing time

limit of oral arguments is with a view to save time of
court.
8. Judgment :

As per Order XX, the judgment is to pronounce on

some future days. The Court to pronounce the
judgment within 30 days. Last deadlines are not
beyond 60 days.

Event
Event Management
Management in
in Individual
Individual Court
Court
Adjournments : There are many reasons for
adjournments
Ex:
1 ) Adjournments for time to file written statement
2) For filing reply.
3) For moving an application for an interim relief or
other application.
4)

Adjournments

compliance of order.

for

taking

effective

steps

or

Few
Few More
More Reasons
Reasons For
ForAdjournmentAdjournment-

When Party moves application for an Adjournment: Provisions are

made to limit for granting adjournments.

- Adjourned by the court
- Absence of party, witness: Reasons for adjournments are as:

1. Plaintiff/defendant is not present.

2. Plaintiff's defendant's witness is not present.
3. Plaintiff's/defendant's witness is not ready.
Order XVII speaks three adjournments to a party during the
hearing of the suit. It does not speaks 'total' for both parties.
* May adjourn the case after a week. It will be helpful to maintain
the speed of the trial.

Compliance of court Order: Section 148: where

sufficient cause exists or events are beyond the control of
a party, the Court would have inherent power to extend
time beyond 30 days.
Amendment in Pleadings: Order VII Rule 17: 14 days
for effecting amendment. Further Extension shold not be
more than 07 days.
Absence of Party: As per Order IX of CPC, for the want
of prosecution, the court may dismiss the suit in default.
Give reasonable opportunity to the parites so that, within
the four months period the parties may take effective
steps.

Bring Legal Heirs on record: Order XXII provides to

bring legal heirs of defendant within 90 days. Further
time is provided under Rule 4(5) for setting aside
abatement. Here fixed time 90 days is provided and then
suit abates. Only time remedies is Rule 4(5). There is no
provision to extend the time in Rule 3.
Execution of Commissioners: The court may grant
time to file report by the commissioner. It consumes
more time.

Steps
Steps for
forscheduling
scheduling cause
cause lists
lists // Daily
Daily Board
Board // Memorandum:
Memorandum:
1. Analyze the current working scheduling and time spending in the current
process.
2. Frame time scheduling as per the cause list of the day.
3. Record his own activities by keeping a detailed record, so he can analysis his
activities in depth.
4. At the end of the day, to draw up the action plan for the next day.
5. Continue the analysis for a period of Week.
6. Proceed for next week. Continuously compare the previous weeks succeeds
planning to schedule for the next week.
7. Schedule the activities for the period of months. From the assessment, he
can schedule the planning for next months periods also and can review
progress and may make necessary adjustments in the scheduling.

Court
Court Business
Business Process
Process
in
in Court
Court Complex
Complex // Establishments
Establishments

1. To send a summons to defendant/witness

by electronic modes and as per CPC.
2.

Decide

objections

for

want

of

jurisdiction, insufficient court fees

3. Sister cases, cross cases, cases wherein
the same cause of action can be clubbed.

Self
Self -- Monitoring
Monitoring ::
* NJDG
** CIS Dashboard
*** Registers / Periodical Returns and
Physical verification
[quantiatively/Qualitatively]
*** Preparation of Statistical report for Future period.

Conclusion:
With the help of tools for speedy trial , a moderate speed as
provided in the procedure code can be continuously maintain the
speed to complete the life cycle of the case, to maintain the quality
of imparting justice by way of adjudication or ADR.
The judicial discretion is applicable where the principles of nature
justice is applicable.
During the traveling of cases, the general principles of
management are applicable to remove the obstructions,
impediments and resistance to the change by stakeholders.
The modern electronic system is useful to communicate the
progress in case to the litigants and advocates.
More effective and simple communication android system/App is
necessary for litigants from remote places that will be helpful to
remove the resistance to the change also.

Thank You

By:
S.R.Salkute

Judge,
Small Causes Court
Mumbai