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Research Paper Volume 7 Issue 6 165 - 174 November 10, 2024

A Critique: Disposal of Suit at First Hearing Under CPC, 1908

Lead author · Corresponding
Sophia Chaswal
Student at University School of Law and Legal Studies, Guru Gobind Singh Indraprastha University, New Delhi, India
Download PDF Full text DOIhttps://doij.org/10.10000/IJLMH.118525
Abstract

First hearing disposal is a popularized concept which works with the primary goal of efficient judicial system in mind. This paper discusses the process of dismissal of the suits at first instance under the CPC, 1908, together with its advantages and disadvantages. Rules like Order X Rule 1 , Order XV and others enable Indian courts to handle routine, time barred or non-extensive trial matters, provided that such matters are decided when no exhaustive issues are involved. However, it is to be noted that while these rules apply well in simple and straightforward cases, their application in other situations is discretionary, making such a process fairly unpredictable and prejudicial to the right to a fair hearing. Therefore, case management approaches together with tight timeframes are indispensable in increasing the efficiency of first hearing disposals. This paper hence aims to underline the importance of changes in judicial systems which balances procedural expediency with fairness, ensuring that first hearing disposals serve as a tool for accessible and effective justice rather than being used only as a method of caseload minimisation.

Type
Research Paper
Information
International Journal of Law Management and Humanities, Volume 7, Issue 6, Page 165 - 174
DOI: https://doij.org/10.10000/IJLMH.118525
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CC BY-NC 4.0 This is an Open Access article distributed under the terms of the Creative Commons Attribution–NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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The views and opinions expressed in this manuscript are those of the author(s) alone and do not reflect the views, policies, or position of the Journal.

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