Partly Heard Cases Can Only Be Retained By Judges On Litigants' Request: Madras HC

Partly Heard Cases Can Only Be Retained By Judges On Litigants

The Madras High Court has issued a circular stating that even partly heard matters would now stand released from the Judges upon change of roster, and stipulating a procedure in case such retention is desired.

As per the circular, the request for such retention must emanate from litigants or the lawyers representing them before the court, get endorsed by the judge concerned and then approved by Chief Justice of Madras High Court, Justice Indira Banerjee for assignment.

It states, "However, if the parties or any of them make a request for retention of the matter before the Hon'ble Bench which had heard it, stating that the matter had been heard for a considerable length of time and de novo hearing would not be expedient, and if the Hon'ble Bench endorses the request, such matter may be placed before the Hon'ble Chief Justice for being assigned to the Hon'ble Bench which partly heard the matter."

Therefore from now on,  upon change of roster, which happens once in three months, even partly heard matters would be released from Judges, unless such request for retention is made.

Read the Circular Here