Code of Civil Procedure: Karnataka’s new law mandates cases to be closed within 24 months 

The Siddaramaiah-led Congress government in Karnataka became the first state in the country to pass an amendment to tackle the huge pendency of cases. 

Karnataka’s new law which mandates cases to be concluded within 24 months after their first hearing might encourage speedy disposal of cases and reduce the backlog in the courts.

The Code of Civil Procedure (Karnataka Amendment) Bill 2024, was passed by both Houses of the Karnataka Legislature last December at Belagavi during the winter session. The bill was sent for the President’s assent and President Droupadi Murmu gave her assent on May 19. The state government notified the law on Monday.

“Justice delayed is justice denied. There are around 10 lakh pending cases, mostly land disputes, before the subordinate courts. Some cases have been pending for over 20 years. This amendment will be a step towards judicial reforms,” said state Law and Parliamentary Affairs minister HK Patil, during a press meet held on Monday.

The new Act emphasises two months of mediation before the case comes up for the first hearing. It also mandates the completion of the case proceedings within 24 months after the first hearing. Also, the date of judgment will be fixed on day one of the trial.

“The law has made mediation compulsory for every civil dispute. This will help avoid unnecessary litigation. It has also set a time frame to collect written statements and evidence. The mediation should reach a logical conclusion at the end of two months. The case will come before the court only when the mediation has failed. This saves the time of the court and also saves time and money for the litigant. This is a revolutionary step as it focuses on dispute redressal through mediation,” added Patil.

The amendment of the Code of Civil Procedure, 1908 was brought in for the expeditious disposal of cases and to provide speedy justice. Any suit that does not contemplate any urgent interim relief shall be referred to mediation and notice shall be issued to defendants accordingly.

The state government may authorise the authorities constituted under the Legal Services Authorities Act, 1987 (Central Act 39 of 1987) for mediation and the process of mediation would be completed within two months from the date of reference and the period of mediation may be extended by another month with the consent of the parties. If the parties to the civil dispute arrive at a settlement, the same shall be submitted to the court in writing and the court shall effect a compromise between the parties.

If the defendant fails to file the written statement within thirty days, he shall be allowed to file the written statement on a day specified by the court on payment of a fee decided by the court. But the statement will not be recorded later than 120 days from the date of service of summons.

As per the new law, the first case management hearing would be held within four weeks of completing pleadings, the courts will decide applications, direct document filing, extend or shorten time, adjourn hearings, and pass orders for case management. The written arguments need to be submitted seven days before oral arguments. 

India