Delay In Disposal Of Civil Suits In India: A Critical Analysis Of Procedural Bottlenecks Under The Code Of Civil Procedure, 1908
- IJLLR Journal
- 4 days ago
- 1 min read
Agrika Singh, B.A. LL.B., Gautam Buddha University, Greater Noida
ABSTRACT
Delays in civil litigation have become a persistent issue in the Indian judicial system. The Code of Civil Procedure, 1908 (CPC) was created to ensure that civil disputes are resolved fairly, efficiently, and quickly. However, in reality, civil cases often take several years, and sometimes decades, to reach a final decision. This delay contradicts the essence of justice and erodes public trust in the judicial system. The saying that “justice delayed is justice denied” effectively captures the struggles faced by litigants due to procedural inefficiencies that lead to these delays. The paper uses a doctrinal research approach and relies on statutes, court rulings, and Law Commission reports.
This research paper explores the main reasons which result to delays in civil litigation under the Code of Civil Procedure, 1908. It examines how frequent adjournments, ineffective service of summons, abuse of procedural provisions, delays during trial, and issues in executing decrees that significantly lead to prolonged litigation. The paper also looks at the impact of these delays on litigants and the overall justice delivery system. Additionally, it evaluates the judicial response and the reforms which are established to tackle this problem, including amendments to the Code of Civil Procedure, 1908, as well as Alternative Dispute Resolution methods under Section 89. It also introduces suggestions for practical reforms and better enforcement of existing rules to ensure quicker resolution of civil cases and strengthen the civil justice system in India.
Keywords: Civil Litigation, Code of Civil Procedure, Delay in Justice, Adjournments, Speedy Trial, Judicial Reforms
