Claim for damages of the house due to unauthorised construction by the neighbours.
GOYAL PRADEEP
(Querist) 22 May 2012
This query is : Resolved
SIR.
THE CLAIM CASE IS PENDING SINCE > 2 YRS.DURING THIS MONTH THE DATE WAS FIXED FOR EXAMINATION OF PLAINTIFF.BUT THE ADVOCATE OF DEFENDANT CAME LATE BY 2 HRS.& ASKED FOR ADJOURNMENT OF DATE;WHICH WAS ALLOWED.THE DICTATION TO THE STENO OF THE ADJ WAS GIVEN BY THE ADVOCATE OF DEFENDANT.OUR ADVOCATE DID NOT OBJECTED TO IT.I BEING PLAINTIFF RAISED MY HAND & ASKED FOR PERMISSION TO SAY SOME THING BUT THAT WAS DECLINED.THE ADVOCATE OF DEFENDANT SAID THAT I WANT TO COMPLAIN AGAINST HIM AS HE DICTATED TO STENO.THE ADJ REACTED,"ISME KYA HAI"?OUR ADVOCATE KEPT MUM.& THE ADJ ALLOWED EXTENSION OF DATE FOR ANOTHER 3 MONTHS.IS IT JUSTIFIED.?WHAT COURSE OF ACTION WE MAY HAVE AGAINST THE COURT.?
WE HAVE LOST FAITH IN THE COURT.?WE FELT HUMILIATED & DISAPPOINTED.!
PL GUIDE THE FUTURE COURSE OF ACTION.?
WHAT TO DO.?PL GUIDE.
Adv.R.P.Chugh
(Expert) 22 May 2012
Court's are pretty liberal in granting adjournments when the should not be. Oppose adjournments tooth and nail from now on.
Your lawyer apparently due to professional camaradie is not taking a strong line, contemplate changing him.
As regards dictation of order...it is wrong practice.
GOYAL PRADEEP
(Querist) 22 May 2012
DEAR MR BHARAT CHUGH JI.
THANKS FOR THE GUIDANCE.
REGARDS.
PRADEEP GOYAL.
Shonee Kapoor
(Expert) 23 May 2012
nothing left to be added.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
alexander
(Expert) 10 August 2015
" The court may, if sufficient cause is shown, at any stage of the suit grant time to the parties or to any of them, and , may from time to time adjourn the hearing of the suit for reasons to be recorded in writing: Provided THAT NO SUCH ADJOURNMENT SHALL BE GRANTED MORE THAN THREE TIMES to a party during the hearing of the suit " Auth: ORDER XVII R 1.
ORDER XVII Rule( 2)
Costs of adjournment: In every such case the Court ....SHALL make such orders as to costs occasioned by the adjournment or such higher costs as the court deems fit".
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From the experience that I have had of attending the Delhi High Court, this Order is given the go by very very often. Rarely the costs are ordered it is done primarily when the other party , prima facie , deliberately tries to delay the case
