Karnataka notifies new civil procedure code that promises speedy justice

The Bill was passed in July last year, but it received the assent of President Draupadi Murmu only on February 18 this year.

Bengaluru: Karnataka on Monday notified an amendment to the Code of Civil Procedure that seeks to fast-track court cases involving small farmers or persons belonging to the economically weaker section.

Law & Parliamentary Affairs Minister HK Patil said the Code of Civil Procedure (Karnataka Amendment) Act will come into effect from Monday. The Bill for this was passed in July last year, but it received the assent of President Draupadi Murmu on February 18 this year.

As per the amendment, any suit or other proceeding in any court involving a small farmer or a person belonging to the economically weaker section, either as plaintiff or as defendant, should be taken up on priority over other cases listed for the day. The amendment expects courts to hear and dispose of cases within six months.

“A lot of thought went into this amendment. It is based on the principle that justice delayed is justice denied,” Patil said, adding that a wide range of consultations were held. “The route was very difficult because the Civil Procedure Code, being a central law, needed amendment. But we decided to make an attempt,” he said.

For the purpose of this amendment, the government has defined ‘small farmer’ as a person who owns or possesses (via mortgage wholly or partly) not more than two units of land and whose annual income does not exceed Rs 3 lakh without any non-agricultural source of income.

A unit of land means two hectares of unirrigated land; one and one-fourth hectares of rain-fed wetland; half hectare of land having facilities for growing one irrigated crop or for growing plantation crops (cardamom, coffee, rubber and tea) or grapes or coconut or areca nut or sugarcane or used for growing mulberry by irrigation; and quarter hectare of land having perennial irrigation facilities or facilities for growing more than one irrigated crop in a year.

A person belonging to the weaker section has been defined as one whose annual income from all sources does not exceed Rs 3 lakh.

Patil said the amendment would also cover pending court cases. “Say, your case is five years old. Today, if you are poor, you can submit an affidavit seeking disposal of the case within six months,” he said.

Patil also said the government would provide “necessary support” to help courts overcome “any shortcoming” to implement the amendment.