DELAY REDUCTION PLAN

DELAY REDUCTION PLAN <!--[if gte mso 10]> DELAY REDUCTION PLAN Further proposals for reduction of delay in disposal of cases By Ch. Muhammad Ikram Zahid, Advocate, Faisalabad "------I have the opportunity to go through the dissertation written by Mr. Muhammad Zeb Khan, Additional District and Sessions Judge-II, Mardan and having been published at page No.79 of Journal part of PLD 2006 (August, 2006). I will add some very important steps which could reduce the delay in disposal of cases. The party interested to delay the case normally resorts to file different applications. One of which is an application under Order VII, Rule 11 of C.P.C. In many of the cases, this application is filed without filing the written statement and the purpose behind is that the case may be delayed as far as possible. This mala fide act of the defendant party is preliminarily meant to delay the case. In such a case, the Civil Courts shall not entertain such an application unless the written statement is filed within 30 days of filing of the suits. The other way to delay the case is that the plaintiff omits to implead the proper/necessary party intentionally so as to delay the disposal of cases. Now the process to prolong the case starts and finally the omitted persons apply for impleadment of parties and finally they arc impleaded as parties. This application takes months to decide. This process can be quickened and shortened by imposing cost at the rate of Rs.2,000 per party on the plaintiff if and when any party is ordered to be impleaded. While framing the issues, the parties shall be ordered to take note of the issues on the same date and shall prepare themselves accordingly. The parties must know that no further opportunity will be given to file list of witnesses within 7 days. It is known to everybody that the main reasons of delay in the suits is caused by making the parties to go through the long process of proving the documents. This process can be shortened by directing the parties on the date of framing of issues to file documents, additional or otherwise, within 7 days of framing of the issues. The parties shall also be ordered to pass on these documents to the rival party under the letter of respective Advocates and the said letter of Advocate shall be ordered to be placed on Court file. The Courts shall give 7 days for filing the reply as to if both the parties admit the documents. The question whether the documents are photocopies of the documents shall not arise, in case, these documents are admitted. When these documents are admitted, even the photocopies of the documents shall not be objected at any stage even at the stage of the Honourable Supreme Court. If the documents are objected to and the documents are later proved to be correct, the party who objected the documents shall be burdened with the cost of Rs.2,000 per document. If any party omits to admit the documents and omits to file reply in this respect, it shall be presumed that the documents have been admitted. Thereafter, no objection shall be entertained. So far the Government and Revenue Record is concerned, the Courts itself shall direct the concerned Department to submit attested documents before the Court within given time and the Departments shall be bound to submit these documents within given time. The communication cost shall be borne by the Plaintiff. The date for evidence shall be fixed and every next date after two dates shall be given at the cost of respective party. These all steps will quicken the process of disposal of cases and in my opinion, it will not require any amendment in C.P.C. However, the Honourable High Courts may circulate these instructions as part of High Court Rules." ***