Delay in appeal process
x
(Querist) 26 January 2013
This query is : Resolved
Plaintiff has lost a Specific Relief Case and has appealed in Sessions Court. His main strategy was to delay - took him 8 years in trial court. The question I have for the experts is - What dilatory tactics can be used by the Plaintiff's lawyer and is there any way to counteract them so that the appeal process is not delayed.
Thanks in advance
prabhakar singh
(Expert) 26 January 2013
The appeal must have been filed before District Judge.The respondent should appear and be ready to argue.Doing so shall save the time of notice service period in which appellant may consume years by dismissal due to default of prosecution.
Even after appearance of respondent ,appellant may get his appeal dismissed and then file restoration,then respondent should appear each time without waiting for any formal service to arrest the delay appellant would try to cause by his conduct.
prabhakar singh
(Expert) 26 January 2013
The appeal must have been filed before District Judge.The respondent should appear and be ready to argue.Doing so shall save the time of notice service period in which appellant may consume years by dismissal due to default of prosecution.
Even after appearance of respondent ,appellant may get his appeal dismissed and then file restoration,then respondent should appear each time without waiting for any formal service to arrest the delay appellant would try to cause by his conduct.
ajay sethi
(Expert) 26 January 2013
we cant forsee what dilatory tactics will be adopted by polaintif in appeal stage . one of main reasons for dely in disposal before trial court is pendency of cases . with huge backlog of cases trials get delayed . disposal of appeal may again take several years if appeal is admitted .
Devajyoti Barman
(Expert) 27 January 2013
Unlike trail appeal can not be dragged on for endless time. The appeal in all probability if the LCR reaches the court inn time should end in a year or two.
R.K Nanda
(Expert) 27 January 2013
take short dates.
