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This is an archive article published on April 21, 2023
Hearing of first appeals: High time laws on court jurisdictions are amended, says Karnataka HC
The court said that if the jurisdiction to deal with first appeals was granted to district judges, the appeals would also be decided closer to the parties and the district courts also have less workload compared to the High Court.
It also observed that the situation was worsened by the short staffing of the High Court, which has 53 judges against a sanctioned strength of 62. (File)
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Hearing of first appeals: High time laws on court jurisdictions are amended, says Karnataka HC
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Examining a case that had been filed for appeal 16 years ago, the Karnataka High Court has noted that ideally, such cases should not consume more than two years from the date of appeal.
The bench consisting of Justice Anant Ramnath Hegde said that regular first appeals would lie before a division bench of the High Court if the suit value exceeded Rs 15 lakh, while district courts would handle matters from Rs 5 lakh to 10 lakh. However, a senior civil judge, who might in turn be later promoted to a district judge, can hear cases starting from Rs 5 lakh with no upper limit, the court said. The bench also noted that because of this along with rising property values, many appeals had been coming before the High Court.
“If the concept of “justice to doorstep” is to be realised in its letter and spirit, it is high time to amend the provisions of the law relating to the jurisdiction of the High Court and the district court to hear the first appeal under Section 96 of the (Civil Procedural) Code….” the bench said.
It also observed that the situation was worsened by the short staffing of the High Court, which has 53 judges against a sanctioned strength of 62. The bench said that if the jurisdiction to deal with first appeals was granted to district judges, the appeals would also be decided closer to the parties. These courts also have less workload compared to the High Court.
“The person seeking justice cannot afford to wait for decades. It certainly does not augur well for society at large. After all, life is too short to be spent litigating for decades in courts. The amendments indicated appear to be long overdue,” the bench concluded.
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