In the name of disposal

By Devil’s Advocate

There are many judges who sit past the court timings with an intention of disposing of a few extra cases. Sounds good and many a time, several people also give the judges a pat on their backs.

However of late, it has become fatal to the cases of many litigants. The timings of the High Court are 10.30 AM to 1.30 PM and 2.30 PM to 4.30 PM. A recent trend which is oft seen is that some of the judges sit till 6 PM. The reason given is that they intend disposing of a few cases and the more the time spent on the Bench the better.

Normally the tendency is that none of the advocates nor the litigants stay back after court timings. In their absence their cases have been called out and dismissed for default or non-prosecution. It so happened the court was hearing a matter for the entire day. At 4.30 PM the list had not moved beyond serial number one. However only the next day, did many realise that after 4.30 Pm 30 matters were called out and dismissed for non-prosecution

The lawyers argue that the judges are not doing the right thing by sitting past the court hours. They also claim that there is a notification of the High Court to this effect.

The question that is to be raised is whether under the guise of disposing of cases, can judges stab the litigant on his/her back by calling out the case in their absence. I would agree that if the litigant or lawyer was absent during working hours and his case dismissed. But this is just not fair.

The court should make it clear at 4.30 PM as to how long it would continue sitting and the cases it intended taking up. The judge cannot hoodwink the litigant in this manner and claim that on that day, he disposed of 100 cases.

It is perfectly justified if the court continues to hear a matter which it could not complete at the end of court hours. The advocate and the litigant both are prepared and they would be only too happy if the court is hearing their case with a view of disposing it. But calling out the pending list after working hours without informing the advocate or the litigant is a big NO.

And if the judges think they are doing a great favour to mankind by completing so many cases, then it is time they think again. By dismissing cases for non-prosecution after court hours, they only seem to be increasing litigation time. After the case is dismissed for non-prosecution, the first thing the advocate does next morning is file a memo seeking for recalling of the order. A good ten minutes goes into this, which in my view is a waste of time. And mind you, he wouldn’t be the only advocate filing the memo. There will be 20 others. So calculate for yourself the amount of time wasted.

 

Some advise for My Lords

-Intimate the litigant in advance if the court would continue session after working hours

-Dismissed for non-prosecution should be done only if the advocate is missing during working hours

-Do not call out cases in the absence of the parties after work hours

 

 

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21 Responses to In the name of disposal

  1. ganesh says:

    I myself have been a victim of this judicial fraud. It is really unfair what these judges do. How can they call out cases as per their whims and fancies especially after working hours

  2. rani says:

    Amazing stuff. The article throws light on the manner in which these judges can stoop to any level

  3. justice man says:

    some cheating this

  4. king says:

    Is there a provision to book judges under the provisions of cheating?In my view what the judges seem to be doing is nothing but cheating

  5. iyer says:

    This is the first time i am on this site. Great show. The article on timings gives an insight regarding the real hapenings in the judiciary

  6. Karat says:

    See guys it is the duty of every advocate to sit in court till the court rises. These lawyers too are smart people. If the case is dismissed for default, then the litigation continues into the next day with the filing of a memo. This would mean additional fee. It is easy to blame the judges for everything. If the judge rises early he is blamed, if he rises on time, then he is accused of being unwilling to stretch his timings. And this one by the Devil’s Advocate takes the cake. A judge is blamed for extra sitting hours

  7. chicko says:

    Hey man karat. Are you from a family of judges? Now let me clarify this on behalf of the author. It is very clear that the author is not complaining about the extra sitting hours. All he is saying is that in case they sit after working hours, basic courtesy demands that the litigant is informed

  8. Lord Hutton says:

    I am new to this blog. Like the stuff. But could we also have the better side of the judiciary also. I mean a more interactive blog, the litigant needs help

  9. man machine says:

    Great stuff. Although a bit lengthy

  10. suo motu says:

    Nice write up. I will ensure that i do not leave the court until the judge reaches his house. Does he pass orders at home too???

  11. crazy guy says:

    Way to go. I hope all the judges read this piece

  12. Amar says:

    I am a victim of this. It has happened to me so many times

  13. firang says:

    This is new to me. Never knew these kind of things happen

  14. hilal says:

    Can u please tell me who are the judges

  15. naveen says:

    What a sham

  16. jindal says:

    Dont crucify the judges. They sit extra only for the benefit of the people. A very unfair write up

  17. tinku says:

    Which high court is this we are talking about

  18. palani says:

    I am an advocate. I usually practice in the trial courts. However now i know to be careful while practicing in the high court

  19. mohan says:

    I completely agree with the author, it is unfair

  20. mahesh says:

    Justice for all real and speedy was their theme. But we dont want justice at this speed especially when the litigant is not around

  21. Vrksha says:

    This is very unfair indeed…..this is a funny way to dispose cases…Justice for all-Real and Speedy should be changed to JUSTICE for SOME – REEL and SHODDY. In the end it is the litigant who suffers and this should not be the case.
    Why doesn’t the law ministry constitute a committee to look in to these kind of nasty attitudes of our lords. I think Author is doing a great job. keep it up.

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