The judges of the Madras high court can no more retain ‘part-heard’ cases at their discretion. Such cases can be retained only at the request of the litigant.
As per the notification issued by Chief Justice Indira Banerjee dated March 8, “Upon change of roster, part-heard mattersshall stand released and be placed before the bench as per the roster.”
But, as an exemption, if the litigant concerned makes a request stating that a fresh hearing of the case would not be practical, and if the bench which heard the case endorsed such a request, the chief justice might assign the case to the same bench.
“However, 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,” the notification said.
As carried in TOI