Delay In Civil Suits

Topics: Lawsuit, Civil procedure, Plaintiff Pages: 10 (3401 words) Published: October 1, 2013
One of he most difficult and burning problems in administration of civil justice is of delay. The delay can be addressed from two side’s namely compulsory delay and intentional delay. Compulsory delay is caused due to our age old legal system and intentional delay is caused by the persons who are instrumental in administration of justice and more specifically the lawyers and parties to the suits. three classes of people may be mainly responsibility for delay in disposal of cases. They are court staff, lawyers and judges. In criminal cases, however, investigating officers may also be responsible for the delay. Although judges cannot perform their functions without the active co-operative of court staff and lawyers. They can eliminate delays in the disposal of class by effective supervision of the functions of the court staff and by checking delaying tactics of lawyers. Delay in justice is a important factor undermining public confidence in the judiciary which is crucial to judicial independence and accountability. Although speedy trial is a Constitutional right in Bangladesh, our domestic legislation as well as procedural laws are outdated and not cooping with the increasing volume of cases which failed to meet the present needs of the society. The facilities in respect of management of courts are not adequate.        Necessary Doctrinal Concept:

“Justice delayed is justice denied”

'Justice delayed is justice denied' is a very common adage in the judicial domain. It is one of the most burning problems in the administration of justice. This system of justice is so ambiguous and miserable for the mass people that it cannot be explained in a word. There are many instances that poor people who went to court to address their grievances after selling off their lands and property to meet the expenses of the court, but did not get justice in their lifetime. At present, the only demand of mass people is the speedy approach to justice. Certainly 'speedy approach to justice' is gradually getting the status of an important human right which is also denied by some administrators in justice and the underprivileged people continue to be dominated by them. This day, the judiciary organ is an independent organ in our country from the executive. So, it is high time to adopt effective steps to dispense our justice as early as possible. How much pain the delay process of justice involves need not be explained. This picture of justice is very much dreadful for our poor citizens. It is generally seen that a case is still hanging in court, which began more than one decade ago. There are many victims who don't easily think of going to court seeking justice because they know it will take years to prove a clearly visible wrongdoer is the actual criminal. Moreover, the impact of this unusual delay in disposal of cases falls on the victims. Due to delay in litigation, people become annoyed to obtain proper justice at any stage and also develop a negative outlook in their mind about the total judiciary schemes including judges, lawyers, associates and the administration of justice etc. The process of delay in litigation is equally known to all and nevertheless it may sound inconsistent with due process of law. The fact remains that the very cases are misused and abused in order to delay cases for an indefinite period and ultimate success in the cause often proves false. Now, law is an effective weapon in the hands of the state to mitigate the social needs by ensuring proper justice in time. Such effort of law is liable if justice fails to mitigate the misery of the mass people due to delay in litigation only and the faith in justice can never be instilled in the mass people if the state doesn't ensure the speedy process of justice. In the field of justice, delay in litigation is traditionally practiced in our country as like at the same time as denying due process of law. The result is that cases are piled up in all the courts hugely day by day....
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