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Actual realistic costs: an elusive hope for expeditious litigation

Introduction Litigation often turns out to be a drawn-out, tedious and expensive pursuit. This is particularly true in civil suits or disputes, which may last for years and often culminate in a decision which makes even the victorious party feel the brunt of the prolonged process. The 222nd Report of the Law Commission(1), among other things, acknowledged that delay in disposal of cases in law Courts, for whatever reason it may be, has really defeated the purpose for which the people approach the courts for redressal . It is a universally recognised principle that justice delayed is justice denied. In Delhi Bar Assn (Regd) v Union of India,(2) the Supreme Court, while recognising that population growth has resulted in a constant upward spiral of litigation, observed that a:

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