Decoding Delays: The Role of IAs and measures to streamline them
Consultation series to modernise civil litigation in India’s District Judiciary
Civil litigation in India is hampered by outdated court practices, unchecked frivolous litigations, and frequent adjournments, making the system unsuited for the 21st Century. The judicial system requires a significant overhaul to modernise and streamline processes. The Civil Rules of Practice (“CRP”) promulgated by each High Court combined with the Civil Procedure Code, 1908 (“CPC”), govern civil litigation practice in district courts of India. While amendments to CPC, a centralised legislation will take considerable time and effort, the state level CRP can and should be modernised on a priority basis. In most states these rules are outdated and obstructive to modern technology integration.
This consultation series therefore aims to modernise civil litigation in India’s District Judiciary through the formulation of a Model Civil Rules of Practice. To achieve this, each paper in the series comprehensively looks into a specific stage in the lifecycle of a civil suit, questions the current processes and reimagines them with technology and simplified legal rules at its core.
Streamlining Interlocutory Applications
Interlocutory Applications (“IAs”) are filed by parties to seek orders for safeguarding their rights and interests pending final adjudication of a trial. IAs are a routine part of the life cycle of a case and are filed for a wide variety of reliefs, from something as substantial as seeking the court’s assistance to halt or stop an imminent damage, to something as mundane as requesting adjournments. However, over the years the courts have recognized IAs as being significant contributors to delays in trials. The procedure laid down for disposal of IAs is protracted and often misused by parties to derail proceedings. The manner in which IAs are processed through the system, therefore, needs to be rethought and re-imagined to facilitate faster disposal and prevent misuse. Consequently, this paper is a first of its kind attempt to deep-dive into the reasons for delay in disposal of IAs, with an aim to provide practical and implementable solutions, including process re-engineering and effective case management.
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About the Authors
Jyotika is a Senior Resident Fellow with the Justice, Access, and Lowering Delays (JALDI) team at Vidhi. She completed her B.A.LLB. from ILS Law College and went on to pursue her Master's from the Tata Institute of Social Sciences. She has worked extensively within the Juvenile Justice System as part of her fieldwork at TISS. Her interests lie at the intersection of law, research, and advocacy and include Criminal law, Criminology, and Human Rights law. When not working, Jyotika enjoys reading, painting, and spending time with cats.
Deeksha worked with JALDI team for the Re-imagined Civil Rules of Practice (process re-engineering). She has completed my B.S.L.LLB. from ILS Law College, Pune in 2018 and then went on to work as a litigation associate with Dua Associates in Bangalore. Her dream for the Indian Judiciary is one where every citizen can lead their life with the confidence that should an injustice occur, they can approach the courts with assurance that justice will be delivered promptly, sparing individuals from the burden of prolonged waiting. Outside of work, she enjoys running and being outdoors.