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Pradeep Bajaj (n/a)     01 January 2013

Slow judicial process

We have a tenant who, has refused to sign the agreement again, and has not vacated despite repeated requests, and being given in writing. As a result we have gone to the court to ask them to get the premises vacated. The case happens to be in Punjab in district court.

I have attended the court thrice, the defence twice, the ffirst time defending lawyer without the defendant come to the court and gets another date after three months to enable him to prepare a rejoinder.

The defendant as well as his lawyer absents himself from the next hearing , and the Hon Judge, hurries to give us another date two months after.

Is there no binding on the judicial process to address the matter expeditiously? The case is between the widow of an armed forces person and the tenant.



Learning

 1 Replies

LegalArrow ( Advocate Bangalore)     02 January 2013

There is no statute binding on the court, other than principles of natural justice and the discretion of the judge to dispose of a given matter within a specified time frame. having said that, a direction may be sought from the jurisdictional high court to the concerend distrcict judge to dispose of the case within the time-bound direction given by the High court. The same will be decided as per the direction of the High court. or else contempt proceeding can be initated agianst the distrct judge if he fails to comply with the direction of the high court.

I THINK.


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