6 years, 1 month ago

Madras HC Has Stopped The Practice Of Treating Cases As 'Part Heard' [Read Judgment]

Asserting the role of the Chief Justice as Master of Roster, the Madras High Court has made it clear that it has barred the practice of "treating the matter as part heard". The bench said that, in view of this order by the Chief Justice, if one of the parties to the litigation is not in favour of treating a particular case as "part heard", the matter should go before the concerned Judge as per roster. The bench said: "In case the parties are of the view that it would be in the interest of both sides to continue to hear and decide a particular matter by a learned Judge who heard it earlier, notwithstanding the change of roster, it is open to them to submit a joint application to the Hon'ble Chief Justice for posting before the very same learned Judge. Setting aside the single bench order, the bench said: "If the learned Judge arrives at an opinion that there is an element of public interest involved in the matter, the proper course is to refer the matter to the Hon'ble Chief Justice for posting it before the appropriate Bench. The roster duly approved by the Hon'ble Chief Justice does not contain any indication that the Benches other than the roster Bench are authorized to entertain Writ Petitions involving public interest."

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