The Gujarat High Court on Thursday expressed its displeasure at cases pending for more than 30 years before the High Court and said that courts in southern States consider it a 'sin' to keep first appeals pending for 5 years. .The Chief Justice while heading a division bench also comprising of Justice Ashutosh J Shastri said he has not seen this practice of keeping matters pending for years together in the courts in southern States."I don't know about other States but speaking for the southern States, there is no first appeal which is kept pending for five years. Some second appeals might be pending for 8 to 10 years but first appeals are not kept pending like this. If it is even five years, it is considered as a sin," Chief Justice Kumar remarked.The CJ further wondered why Senior Advocates were not raising a voice against the issue of piling backlog."I don't know why Senior Advocates are keeping mum on this issue. There has to be something done and thus, we are ensuring to list all old matters in all the courts," CJ Kumar added..The bench was miffed over the fact that in a 32-year-old case, the advocates did not follow the proper manner for filing the paper-book."There is a manner for filing the paper-book. But you have not followed it and this is shocking especially because you were already pulled up for the same and were asked to pay ₹25,000 costs," CJ Kumar said.Noting that despite earlier strictures and cost orders, the litigant in the suit failed to follow the proper procedure of compiling the paper-book, the bench doubled the costs this time."Now you will have to pay double the earlier amount. Now pay ₹50,000 rokda for the Advocates Welfare Fund and then come up with a proper paper-book on next hearing," the CJ said while adjourning the case for two weeks.
The Gujarat High Court on Thursday expressed its displeasure at cases pending for more than 30 years before the High Court and said that courts in southern States consider it a 'sin' to keep first appeals pending for 5 years. .The Chief Justice while heading a division bench also comprising of Justice Ashutosh J Shastri said he has not seen this practice of keeping matters pending for years together in the courts in southern States."I don't know about other States but speaking for the southern States, there is no first appeal which is kept pending for five years. Some second appeals might be pending for 8 to 10 years but first appeals are not kept pending like this. If it is even five years, it is considered as a sin," Chief Justice Kumar remarked.The CJ further wondered why Senior Advocates were not raising a voice against the issue of piling backlog."I don't know why Senior Advocates are keeping mum on this issue. There has to be something done and thus, we are ensuring to list all old matters in all the courts," CJ Kumar added..The bench was miffed over the fact that in a 32-year-old case, the advocates did not follow the proper manner for filing the paper-book."There is a manner for filing the paper-book. But you have not followed it and this is shocking especially because you were already pulled up for the same and were asked to pay ₹25,000 costs," CJ Kumar said.Noting that despite earlier strictures and cost orders, the litigant in the suit failed to follow the proper procedure of compiling the paper-book, the bench doubled the costs this time."Now you will have to pay double the earlier amount. Now pay ₹50,000 rokda for the Advocates Welfare Fund and then come up with a proper paper-book on next hearing," the CJ said while adjourning the case for two weeks.