CJs tips for faster justice

CHENNAI: In a bid to help judges at the district level to bring down pendency of cases, Chief Justice of Madras High Court, MY Eqbal, has authored five handbooks articulating several fundamental legal principles. This is intended to help judges to decide on cases faster.The first handbook is about ‘Ex parte decree and duty of court’. The CJ describes how subordinate judges normally pass an order while decreeing an ex parte suit. “Perused the record and the evidence of the PW 1 [Prosecution Witness]. Claim proved. Suit is decreed as prayed for with cost.”Giving citations, he says mere absence of the defendant does not justify the presumption that the plaintiff’s case is true. The court has no jurisdiction to pass ex parte decree without evidence being given, he says.Writing a ready reckoner on the duty of the courts on interlocutory applications, the CJ delineates on interlocutory and perpetual injunctions. On the granting of temporary injunction, he cautions that the court must first see if there was a bona fide contest between the parties and on which side the balance of convenience lay. Further, prima facie case is sine qua non, besides satisfying requisites of balance of convenience and irreparable injury. Guiding courts on the execution proceedings under the CPC, the CJ says that the principle of constructive res judicata applies to an execution proceeding too. If the judgment debtor seeks to take an objection with regard to the jurisdiction of the court, it must be taken at the first stage of the proceeding after notice under Order XXI, Rule 22 of the Code.Writing on adjournments, he cautions that the parties cannot take adjournments by consent as a matter of course. “.. by allowing adjournment lightly, unscrupulous litigant is encouraged and the court fails in its duty to protect the other side from exploitation, harassment and frustration.” To advocates, he says: “It is the duty of the advocate to see that adjournments shall not be merely to delay the course of justice.”The latest in the series ‘Appeals from appealable orders-myths and realities’, was released at the Conference of Judicial Officers of Southern States of India, organised by the TN Judicial Officers’ Association here.