How loopholes in Civil Procedure Code delay justice

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Recently, the Supreme Court awarded judgement in a civil court case after a prolonged delay. In an amendment introduced to the Civil Procedure Code (CPC) in 2002, the Law minister assured to resolve civil cases in one and a half years, but this has not yet become the ground reality.

What are the challenges of delay in getting justice in the civil procedure?

1) Vested interest of one of the parties in continuing the case as mentioned in Salem Advocate Bar Association case. 2) Legal process mostly relies on facts and reports and not on common sense.

What should be the way forward?

Modification in the syllabus: References of the cases should be added in the legal syllabus where litigants intentionally delayed the justice process.

Use of artificial intelligence: AI is capable of delivering judgements in simple cases. Thus, freeing court time for non-trivial cases.

Address the weakness that blocked the process of CPC.

Amendments: The government should amend and adopt a guideline to resolve civil cases in one-and-a-half years.

Source: This post is based on “How loopholes in Civil Procedure Code delay justice” published in Indian Express on 11th November 2021.

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