Alternate Dispute Resolution and cases pending

Alternate Dispute resolution and   cases pending  trails in various courts in india - By CS A Rengarajan

Let us see pending cases reported in various high courts, subordinate courts and Supreme Courts as per news items published Times of India  dated 20-12-2011NEW DELHI: The government on Monday said around 3.2 crore cases were pending in high courts and subordinate courts across the country while 56,383 cases were pending in the Supreme Court.

It also said 74% of the total 3.2 crore cases were less than five years old. Similarly, 20,334 out of the 56,383 pending cases in the apex court were less than one year old.

Is there way out to reduce the  pendency cases in various courts.  The answer to the question is yes.  Even during the pendency of  court proceedings, the parties can go for settlement whether  it is conciliation or judicial settlement or  mediation.

The Parliament has amended Civil Procedure code  in July 2002 to provide speedy justice including  the Courts have been given the power to refer the disputes to:

a) Arbitration;

b) Conciliation;

c) Judicial settlement including settlement through Lok Adalat;

d) Mediation.

The Court will endeavor in case of such disputes to formulate the terms of settlement between the parties and will also effect a compromise as per the prescribed procedure

Considering the above pendency in various courts, all concerned will come forward to settle the disputes  to reduce the pendency.  3.2 crores cases pending with various high courts and subordinate courts is alarming one.

In order to clear backlog, the government should ensure to bring electronic trails so that more such cases will be referred to  settlement and reduce the pendency

Worldwide Alternate Dispute resolution has  been successful.  In India, there has been little progress  to settle outside the court .

The main aim of Section 89 of the code of civil procedure code is that to provide alternate settlement mechanism to the parties to end the trails and also reduced burden on the courts. The court shall formulate and reformulate the schemes and refer to the settlement mode .  The unique feature of the amendment to Section 89 of the Code of Civil procedure code is that during pendency of trails, the parties may opt for disputes outside court settlement.  The power has been give to the court to enable them to refer the matter

Conclusion:  To reduce the huge pendencies in various courts, the affected parties may come forward to  settle their disputes outside  the court.

In case the above settlement mechanism is not possible, then parties ultimately go to trail

 Suggestion:  The question is not number of pending cases alone but also duration of pendency say 20-30 years.It is very much annoying to note the cases pending more than 20 years, many cases parties would have been died and the beneficiary will not be the person who filed the case. To reduce the pendencies  court to sit on Saturday  exclusive for  old cases  and should be heard  the order  of  seniority so that in the period of time , old cases will vanish  and only cases  of five years old left. For  these no adjournment  should l be given.