Application of Early Hearing?

Guest (Querist) 27 August 2010 This query is : Resolved
Mine mom,a senior citizen ,wants early hearing of her case under Delhi Rent Act.We asked our advocate to file an application of Early Hearing citing her ill health and some other very much valid reasons,but our Advocate is resisting our request giving different reasons,when we pressed him ,he said that he has sent an application which has been thrown away by the court staff,saying that this no way of getting early hearings.

Is my advocate right or wrong ?
I suspect my advocate has not filed any Early Hearing application,he is just avoiding it,Plz. Guide me?

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Devajyoti Barman (Expert) 27 August 2010
Generally the lower courts do not distinguish the cases between the senior citizens and not so senior citizens. Stll if your mother's case is pending for long without much headway then you could file application for direction of the high court for expeditious hearing of the case preferably within a stipulated time limit under article 227 of the constitution.

s.subramanian (Expert) 28 August 2010
Yes. I agree with Mr.Barman. But before approaching the High court make an application before the concerned court stating the grounds for taking up the case early. If it is declined you can proceed before the High court. Usually,the courts below entertain such requests and take up the case early. You can safely try it. it will avoid wastage of time and money.

O. Mahalakshmi (Expert) 03 September 2010
I agree with Barman

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