Are provisional remedies superseding the trial process?

摘要

The focus of this thesis is on civil procedure and the manner of dispensing summary justice in an Indian context (with a particular reference to the Bombay High Court). Given the length of a civil trial and the formality attached to the process, courts increasingly grant interim relief to keep the interests of the parties protected. This has resulted in a change in litigants' attitude towards interim relief as they look to satisfy themselves on the basis of such interim relief alone. However, interim relief cannot replace final decrees in civil actions, since they are granted on a summary basis. Limited judicial resources have also caused courts to embrace case-management and settlement techniques that makes the prospects of achieving final conclusion of civil actions more removed. I therefore delve into the question of whether in their pursuit to achieve justice, whether courts are losing sight of determining the truth.