Partition suit filed for final decree
M Satyanarayana
(Querist) 01 August 2014
This query is : Resolved
Sir,
I filed partition suit in the year 1997 against my sister occupying my mother's property. My mother died intestate and my sister refused to give share to me stating she bequeathed the entire property by virtue of forged Will. The decision came in my favor given by High court.My sister filed SLP in the Supreme Court which was dismissed. I filed for final decree proceedings and Advocate commission. Till date court could not appoint advocate commission due to filing of various false pleadings against me. My sister's daughter also filed impleadment petition claiming sha is the owner of the house purchased the said property before suit for partition when she was minor. There is no stop for litigation and it is going on and on for last 18 years.
Please can any body suggest any remedy or relief in the CPC or any law which can deter adamant and vexatious litigants for prolonging the case. Court is helpless and blames only pleaders. What is the repercussions when both sides pleaders avoid attending litigant case for some reason or other willingly or unwillingly. When the case is going to be resolved, is there limit . It is my personal question but is also affecting every litigants in the Indian Courts hence it is in the interest of public.
Please kindly advise.
MSN
ajay sethi
(Expert) 01 August 2014
it is only when court imposes costs on parties for taking out frivolous application will this malaise end . no time limit for disposing cases is possible on account of heavy backlog of cases
Devajyoti Barman
(Expert) 01 August 2014
Go to high court to get an order for expeditious disposal of the trial
Rajendra K Goyal
(Expert) 01 August 2014
You have to bear with the procedure. You may try High Court for expeditious disposal of trial.
