Rule favours litigants in ‘part heard’ cases

Chief Justice Indira Banerjee in a notification said that on a change of roster, part-heard matters shall be released and placed before the appropriate bench as per the roster. 

However, if the litigant concerned feels that a fresh hearing of the case by another bench would delay the matter, the litigant concerned can make a request to retain the case and if the bench which heard the case endorsed the request, the Chief Justice may assign the case to the same bench. 

The notification dated March 8 said, “If the parties or any of them make a request for retention of the matter before the 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 bench endorses the request, such matter may be placed before the Chief Justice for being assigned to the bench which partly heard the matter.”

Advocates, on welcoming the notification, claimed that the move will serve the interests of speedy justice.