Important Changes in Indian Law

The most important change sought to be made in Indian legislation pertaining to litigation and court relates to the introduction of the concept of Alternate Dispute Resolution (ADR), as an integral part of the judicial process. Where it appears to the court, that there exists elements of a settlement which may be acceptable to the parties, the Court shall formulate the terms of settlement and after receiving the observations of the parties, the court may reformulate the terms and refer the same for:

(a) Arbitration
   (b) Conciliation
                  (c) Judicial settlement or
 (d) Mediation 

1. 
   
   Summons: Summons to the defendant should be send within 30 days of the institution of the suit.
2. Service of Summons: Summons to the defendant is to be given to the plaintiff for service (though the court itself may, in addition, effect service of summons through facsimile, E-mail.
3. Defence: Defence/written statement of the defendant must be filed immediately, but, the court may allow not more than 30 days further time, for the purpose.
4. Documents: Each party must file with his pleading the documents on which he/she relies for his/her claim or defence (i.e., what may be called the basic foundational documents). If the documents are in his/her possession or power it has to be produced along with the plaint. Otherwise, the document cannot be admitted later in evidence.
5. Witness summons: Time limits have been laid down for obtaining (from the court) summons to witnesses and for deposit of their expenses.
6. Evidence: Procedure for recording the evidence of witnesses is radically shortened. Examination-in-chief is to be done through affidavit of which cross-examination and re-examination are to be conducted before an Advocate Commissioner (and not before the court), unless the judge otherwise directs.
7. Adjournments: A party shall not be allowed more than three adjournments (continuance) during the hearing of the suit.
8. Temporary injunction: Where a plaintiff obtains temporary injunction, the court may direct the plaintiff to tender security or otherwise as the court deems fit and proper. [This amendment is intended to prevent dilatory tactics by the plaintiff].
9. Judgement and decree: Copy of the whole judgement must be given to each party immediately on its pronouncement. Formal decree must be prepared within 15 days. Pending preparation of the formal decree, a party desirous of preferring an appeal can institute the appeal on the basis of the judgement.
10. Appeals against the judgement of single judge:
      Against the judgement etc. of a Single Judge of a High Court,
      no further appeal shall lie under the following circumstances:
      (1) where the Single judge has decided an appeal from an original
           or appellate decree or order or
      (2) Where he has issued a writ, etc. under article 226 or 227 of
            the Constitution of India.
11. Revision against interlocutory orders:
    Interference by the High Court (in revision) with interlocutory orders is now sought to be prohibited.