In a recent judgment, the Supreme Court very emphatically held that the adjournment culture, which has plagued the litigation system, especially the civil courts, must end now.
The comments came as the top court heard a case where an order passed in 2005, almost 18 years ago, but had been challenged, and the case has yet to be decided. The matter pending before the court was that the petitioner’s right to examination in chief had been struck down by the trial court for non-appearance and not proceeding with the case on the date fixed for such a proceeding. The petitioner had not submitted an application nor provided any cogent reason orally for being unable to proceed with the case. Thus, the trial court struck down his right of examination in chief and proceeded with the case. Being aggrieved, the petitioner approached the High Court and then the Supreme Court. The Supreme Court dismissed the petition for being devoid of any reason and legal grounds.
However, the court thought it necessary to shed some light on Order XVII (17) Rule 1, 2, and 3 of the Code of Civil Procedure, 1908, which deals with adjournments and their consequences.
The court held that from now on, a written application must be submitted by the party for seeking an adjournment, stating the reasons and grounds which are tenable in the eyes of the law. The court should look into the application and the reasons mentioned therein and, thereafter, decide whether the adjournment should be allowed or not. The Supreme Court also emphasised that the courts must impose costs if the application is found devoid of any cogent reason. It would also be up to the court to decide whether or not to grant an adjournment, even if a written application has been submitted.
Justice Mansoor Ali Shah is set to become the next chief justice for three years and one month, enough time for bringing reforms in the judicial system
The court further explained that, as of the end of 2023, there were reportedly some 2.26 million cases pending before the courts, of which 82%, some 1.86 million, cases were pending before the subordinate courts. One reason for this escalation in caseload is the prevalent adjournment culture, which has permeated the entire judicial system and paralysed it completely. To resolve this issue, the Supreme Court suggested imposing costs and requiring a written application from the parties seeking adjournment.
Some time ago, the now-puisne judge of the Supreme Court, Justice Syed Mansoor Ali Shah, in a speech, explained the conundrum of delay in civil cases. He stated that millions of cases are pending, and hundreds of thousands of new petitions are filed daily. Fewer cases are decided than those filed. The system is plagued. Sufficient filers are not placed in the procedure, whether civil or criminal, and those that exist are not utilised by the courts properly and efficiently. He further stated that the adjournment culture has done more to prolong litigation than any other reason.
Adjournment after adjournment, and that too for no compelling reason, has paralysed the entire system. He also hinted that the protest culture by lawyer bodies is another reason for delay in deciding cases, which should end now. His lordship is set to become the next chief justice for three years and one month, enough time for bringing reforms in the judicial system. He is known as a reformist judge.
Apart from the adjournment and protest cultures, at the preliminary stage of filing a suit, when notices are issued to the opposing party, is another reason why several months, sometimes years, are wasted on summoning parties. This job can be done in a few weeks if done efficiently.
We hope that the upcoming Chief Justice will bring reforms to minimise the average time period of a case.