June 29, 2013

100% Sure way to speed up Civil Cases in India: Adopt a US Rule of serving a Judgement on other side

100% Sure way to speed up Civil Cases in India: Adopt a US Rule of serving a Judgement on other side

Just today I read about a US Civil Court Rule:-


It says:


Ten days before starting of argument of a case, lawyer of one side will suggest a draft judgement of case and will serve its copy on lawyer of other side and his client.

If lawyer of other side and his client agree to this proposed Judgement, the court clerk will draw up judgement accordingly. Case will be over.


This is an excellent idea. Many cases may finish at this stage before arguments in court begins.

The drawing of a judgement, means analysis of evidence, and analysis of applicable laws and result.

This helps other side lawyer to convince his client whether they are likely to win case or not. They can also serve their suggested Judgement if they wish.

This will save lot of labour of Judge to analyse evidence on record and laws.

If this system works in other countries, why it cannot work here in India ?

If Parliament has no time to introduce this rule in Civil Code, no problem.

Supreme Court or High Court can lay down this practice direction.

Haresh Raichura
29/6/13