Bill to address delay in court case disposal gets President assent: H K Patil

Law and Parliamentary Affairs Minister H K Patil said on Monday that the Code of Civil Procedure (Amendment) Bill, which seeks to address the inordinate delay in settling pending cases, had obtained the President’s assent. 

The Code of Civil Procedure (Karnataka Amendment) Bill, 2024, was passed during the Winter Session of the Legislature in Belagavi. The Bill had been sent to the President by Governor Thaawar Chand Gehlot and obtained Presidential assent on May 19. The law was notified on Monday.

Speaking to reporters during a news conference, Patil said, “In civil courts, cases get delayed for 15-20 years. The system was a mute spectator to the delay in courts. Justice delayed is justice denied. Dispensation of justice shouldn’t be a costly affair for the citizens. They must get timely justice. Thus, we have brought in this amendment.”

According to government statistics, there were 9,37,238 pending cases in the district judiciary till 2023, of which 3,49,602 cases had been pending for over three years. Of this, there were 1.61 lakh partition suits and 1.22 lakh injunction suits. 

The bill introduces Section 89A, which makes it mandatory for every suit that does not contemplate any urgent interim relief to be referred to mediation. The courts can initiate an investigation only if mediation isn’t successful at the end of two months. 

According to the Bill, courts are mandated to set time limits for the completion of the case. This includes stipulating the time period within which witnesses are listed, dates when oral arguments are to be heard by the court, recording oral evidence on a day-to-day basis or weekly basis and so on. At any stage, a case can only be deferred three times.

“This Bill seeks to prevent delay and provides legislative approval to a historic reform. This amendment ensures that all civil cases are resolved within 24 months of when the case is filed,” a press note from the Law Department said.

Hailing the bill as “revolutionary,” Patil said: “This law facilitates complete reforms within the legal framework. This prevents petitioners from unnecessarily visiting courts and makes legal remedy financially viable.”

Patil also explained that efforts would be made to achieve social justice by prioritising cases related to the poor and the oppressed. 

H K Patil, Law and Parliamentary Affairs Minister said, 'In civil courts cases get delayed for 15-20 years. The system was a mute spectator to the delay in courts. Justice delayed is justice denied. Dispensation of justice shouldn’t be a costly affair for the citizens.'