Case Pendency: Rajasthan HC Constitutes Committee To Prepare Draft SOP For Listing Uncontested Matters In 'Orders' Category Before Registrar

Rajasthan High Court has constituted a five-member committee headed by Advocate General to put forth their recommendations for solving the burden created by unnecessary listing of uncontested cases in the 'Orders' category before the court.

The single-judge bench of Justice Sameer Jain was considering a civil writ petition posted for R/N on 12.12.2024. However, the matter was taken up in the 'Orders' category due to the petitioner's counsel not filing the PF and requisite notices.

“…HC Rules do permit the Registrar to deal with cases wherein orders have to be passed, not on merits, but merely to overcome the procedural irregularities…this Court is not unsympathetic to the operational difficulties being faced by the members of the Bar and the staff attached to the Courts on account of the heavy cause lists wherein most matters are 'not reached'”, the bench sitting at Jaipur noted in the order.

The court also mentioned another civil writ petition filed in 2015, which is continuously getting listed in the 'Orders' category because of non-service upon the respondent.

When the said matter was taken up by the court, members of the bar submitted that precious judicial time is wasted merely because of procedural irregularities that can be resolved before the Registrar as per Rules 7 & 10 of Rajasthan High Court Rules, 1952. As per these Rules, Registrar (Judicial) can deal with uncontested matters falling in 'Orders' category, a practise that is currently followed by Delhi High Court as well as the Supreme Court.

“…It is also highlighted that the exercise of powers by the Registrar (Judicial) does not impinge upon the authority of the Courts and any contested matter can always be referred to the Courts, as opposed to the Courts being the first authority to pass orders on service of notices…”, Justice Jain considered the submissions made by members of the bar. Upon enquiring with the Advocate General, he also concurred with the submissions made by other members regarding the listing of procedural matters in the 'Orders' Category before the Registrar.

After going through the records of past two weeks, the court found out that almost 25 per cent of the 8666 cases listed in total fell in the 'Orders' category. Therefore, after examining the relevant rules in the HC Rules, the court constituted a committee comprising the following members of the Bar to formulate a draft SOP regarding the listing of such matters: i) Mr. Rajendra Prasad, Advocate General (ii) Mr. A.K. Sharma, Sr. Advocate. (iii) Mr. Prahlad Sharma, President Bar Association. (iv) Ms. Anita Aggarwal, Advocate. (v) Mr. Sunil Samdaria, Advocate.

The committee has been asked to submit the report for consideration by the Chief Justice/ Full Court within six weeks.

Case Title: Smt. Paras v. State Of Rajasthan

Case No: S.B. Civil Writ Petition No. 12146/2020

Click Here To Read/ Download Order