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.

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