early hearing of matter
Surender Oberoi
(Querist) 08 December 2009
This query is : Resolved
Hon'ble members are prayed to please provide the following info urgently :-
A caveator has received the SLP from the Petitioner.
In how many days the Petitioner is duty bound to file the proof of serving the necessary document on the caveator-in-person to the Hon'ble Court ?
-If the Petitioner does not file proof - say for six months -
what are the options with the caveator as the caveator is aggrieved and wants the matter to be heard at the earliest ?
and how the court would react ?
What is the rule position in this matter ? How can it be found out ? How to proceed further, please suggest ?
Raj Kumar Makkad
(Expert) 08 December 2009
Caveator cannot be sufferer as no adverse order against him can be passed without serving all required documents/copies of the petition etc. and obtaining his due reply and hearing. You have won the case at the lower level or already position is in your favour causing the petitioner to file his appeal and if appellant is not making compliance to the direction of the court to serve you all documents then he shall be the only sufferer. There is no specific law in this matter except that the petitioner is bound to comply with the direction of the court to serve you documents either within a specific period or stage.
adv. rajeev ( rajoo )
(Expert) 09 December 2009
date of appearance will be mentioned in the summons to appear before the court. If the petitioner delayed to produce the documents then cavetor can move an application for early hearing of the case.
Surender Oberoi
(Querist) 12 December 2009
May I request further elaboration on the same.
