Pendency of suits before the Civil Courts in Gujarat, Supreme Court seeks a report from Gujarat HC

In a recent order, the Supreme Court (SC) of India expressed concern over the pendency of suits before the civil courts in Gujarat. While hearing a civil peal, the SC bench constituting Justice Surya Kant and Justice Ujjal Bhuyan noted that a civil suit for recovery was filed in the year 2001, the issues were framed in 2019, and the plaintiff’s evidence commenced in 2022. Considering this, the bench remarked, “If this is the fate of a Suit for Recovery of public money, it simply depicts an alarming situation and a question mark on the efficacy of the judicial system.” Further, the SC directed the Registrar General of the Gujarat High Court to submit a Status Report for consideration by the Committee for Model Case Flow Management Rules for Trial Courts, District Appellate Courts, High Courts and to suggest a Plan for Reduction of Arrears in the High Courts and District Courts, constituted by the Supreme Court. The bench said that the report should contain the information as mentioned below:

1. “The average pendency of the Civil Suits in all the Sessions Divisions of the State;
2. The average life of a Civil Suit;
3. How many total cases (civil and criminal) are allocated to each Civil Judge-cum-Judicial Magistrate on average basis;
4. The total pendency in the Civil Courts and the proportionate cadre strength;
5. The details of infrastructure, human resource, computer/laptop, and other facilities provided to each Court;
6. How many Civil Appeals, Trials, Miscellaneous Matters are pending before the First Appellate Court/Sessions Courts;
7. What is the average life of each such Civil Appeals to Trial;
8. The details of the infrastructure etc. provided to the First Appellate Courts/Sessions Courts; and
9. If there is an inordinate delay, such as noticed in the instant case, what are the remedial measures that may be suggested by a Committee to be constituted by the Hon’ble the Chief Justice of the High Court.”

While posting the matter for hearing on October 21, 2024, the Supreme Court said that the above-mentioned information should be sent by the Registrar General of the Gujarat High Court within 8 weeks and should be placed before the SC bench in a sealed envelope.