The Delhi High Court recently approved the expansion of jurisdiction for Civil Judges in Delhi District Courts. This decision aims to enhance the efficiency of civil litigation by empowering these judges to hear cases involving higher monetary disputes. The move expected to alleviate the backlog of cases and streamline the legal process in Delhi’s district courts.
New Delhi: The Delhi Government notified the Delhi High Court that it has given its approval to the proposal put forth by the Full Court of Delhi High Court on February 9, 2022, regarding the increase in the pecuniary jurisdiction of Civil Judges in Delhi Courts and the financial appellate jurisdiction of District Judges in Delhi.
Bharat Parashar, the Principal Secretary (Law), submitted the Delhi government‘s response in a Public Interest Litigation Petition initiated by Lawyer and Activist Amit Sahni, who raised the issue of enhancing the pecuniary jurisdiction of Civil Judges in Delhi Courts.
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The proposal to enhance the financial appellate jurisdiction of District Judges in Delhi has been endorsed by the Law Minister and Chief Minister of Delhi, and it also received approval from the Lieutenant Governor of Delhi on January 2, 2024.
It stated,
“The Parliament intends to raise the pecuniary appellate jurisdiction of the District Judge to Rs Twenty lakh by amending section 39 (1) (a) of the Punjab Courts Act, 1918.”
In the city of Delhi, Civil Judges in Delhi Courts have the authority to handle cases with a jurisdiction limit of up to 3 lakhs. However, in neighbouring areas such as Gurgaon, Noida, Ghaziabad, and Faridabad, there is no limit on pecuniary jurisdiction.
Advocate Amit Sahni, a Lawyer and Activist, raised this issue by filing a Writ Petition before the Delhi High Court, seeking a rational distribution and enhancement of the pecuniary jurisdiction of Civil Judges at District Courts in Delhi. The current maximum pecuniary jurisdiction for adjudicating original suits set at Rs 3 lakh. On December 1, 2021,.
The Chief Justice DN Patel and Justice Jyoti Singh bench responded to the matter by stating that
“Rs 3 lakhs is a very nominal amount, we will consider it from the administrative perspective.”
Advocate Amit Sahni argued that the pecuniary jurisdiction of Civil Judges at various Delhi Courts has undergone changes over time, starting from Rs 25,000, then Rs 1 lakh, and finally reaching Rs 3 lakh in 2003. In contrast, the plea pointed out, no change in the pecuniary jurisdiction of Civil Judges posted at various Courts in Delhi since 2003, whereas the pecuniary jurisdiction of District Judges and Additional District Judges increased nearly tenfold, from Rs 20 lakhs (in 2003) to Rs 2 crore (in 2015).
The plea further emphasized,
“The importance of aligning the pecuniary jurisdiction of District Courts in Delhi with those in neighbouring areas such as Gurgaon, Noida, Ghaziabad, and Faridabad, where District Courts enjoy unlimited pecuniary jurisdiction.”
The petitioner further argued that the assigned pecuniary value of Rs 3 lakh for Civil Judges exceedingly low, and since no property in Delhi is valued at “Rs 3 lakh,” it resulted in a significant backlog as Civil Judges only able to adjudicate Injunction Suits and small-scale suits involving amounts up to Rs 3 lakh.
Sahni contended that if the pecuniary jurisdiction of Civil Judges were increased to Rs 20 to 30 lakh, it would alleviate the burden on District and Additional District Judges, as some of these cases could then be handled by Civil Judges. Finally, the Delhi government and the Hon’ble Lieutenant Governor approved the proposal to enhance the jurisdiction of Civil Judges in Delhi from Rs 3 lakh to 20 lakh, as well as the pecuniary appellate jurisdiction of Delhi Judges up to 20 lakh.
Amit Sahni expressed optimism about the expected increase in pecuniary jurisdiction for Civil Judges in Delhi. He remarked,
“I believe that this change will not only enhance the professional fulfilment of the Civil Judges but also help in reducing the backlog of cases currently before the District Judges and Additional District Judges of Delhi.”
Sahni also noted that this change would ease the workload on the Delhi High Court by allowing Additional District Judges and District Judges in Delhi to handle appeals up to Rs. 20 lakhs. He said,
“This would further lessen the number of appeals burdening the Delhi High Court, as cases up to Rs. 20 lakhs will now be decided by Additional District Judges and District Judges in Delhi.”
The decision by the Delhi High Court to expand the jurisdiction of Civil Judges in the Delhi District Courts, a forward thinking move that reflects a strategic approach to judicial management. By optimizing the distribution of cases and empowering lower-tier judges, the court system in Delhi set to become more responsive and efficient.