The appellant delay tactics in high court
malasunder
(Querist) 03 June 2014
This query is : Resolved
1. The appellant has filed an appeal against the lower courts decree for specific performance.
2. The appellant filed for stay in the high court against the execution proceedings in the lower court.
3. The defendant did not object to the stay but instead requested the high court for speedy trial.
4. the High court obliged the defendants request and instructed the registar to list the case for final hearing in 6 months after getting the pleadings ready.
5. the appellant is not paying the fee for pleadings and intentionally delaying.
WHAT SHOULD THE DEFENDANT DO ?
Please help. The matter has been delayed by more than 10 years.
K.K.Ganguly
(Expert) 04 June 2014
File a petition for early hearing of the matter by mentioning the matter.
Raj Kumar Makkad
(Expert) 04 June 2014
File an application seeking dismissal of the appeal on the basis of non-compliance of the direction of Hon'ble High court to make deficiency of the stamp duty.
Biswanath Roy
(Expert) 05 June 2014
APPROPRIATE ADVISE BY LEARNED MR. MAKKAD.. FOLLOW HIS ADVICE.
V R SHROFF
(Expert) 06 June 2014
STUDENT'S IMAGINARY QUERY..
Guest
(Expert) 06 June 2014
Studen't query.
Raj Kumar Makkad
(Expert) 06 June 2014
Students should not misuse this facility meant for the needy persons.
malasunder
(Querist) 08 June 2014
Respected Experts,
Thank you very much for your timely advice. Thank you once again.
As for Mr V.R.SHROFF and others who have assumed its an imaginary student's query, I am curious to know what made you feel that way? If interested I can mail you the case numbers and scanned copy of the stay order by MADRAS HIGH COURT. Please let me know.
Also, PLEASE, I humbly request some of the experts to refrain from passing unwarranted comments and hurting the feeling of already frustrated people like me.
THANK YOU SIRS.
Raj Kumar Makkad
(Expert) 08 June 2014
malasunder Sir! None of the experts has mind to frustrate people rather the querist should pay a lot of thanks to such persons who are offering their free of cost legal advises here in the era when personal relatives do not do any work without any personal motive.
The feeling of the experts is generally based upon the contents of the query.
malipeddi jaggarao
(Expert) 09 June 2014
Mr.malasunder - The way you posted query lead some experts that it is student's query. The author should relate the problem either with himself, his relatives/friends or he is working for somebody. Instead you posted the query as comprehension giving description and shooting questions.
Hence there is no need for any hard feelings. Anyway some experts responded and gave proper guidance.
Advocate. Arunagiri
(Expert) 09 June 2014
You can mention this in the open court to the Justice and list the case for appropriate order.
Biswanath Roy
(Expert) 09 June 2014
Expert and Court experienced Counsel can adopt various ways to delay the hearing of an appeal by showing cogent reason in such a manner that makes the Hon'ble Judge to shift the date on some other dates. In this context I need to refer a story heard from the mouth of Late Siddhartha Shankar Roy ,the eminent Senior Barrister of India, he said when he was studying Bar-at-Law in England he heard a story from an eminent Senior teacher of Barrister Association which is,-"In old England Counsels used to attend the court by their own horse carriage. One of such Counsel on the date of an important hearing in the court submitted that on the way of his county house to court his carriage suddenly fallen in a ditch of the road side and his case brief was totally spoiled by mud and had shown the brief to judge and prayed a month's time to reconstruct the entire case papers. At this the Judge was compelled to allow a month's time and the counsel by manipulation could able to push it out of list.
malasunder
(Querist) 15 June 2014
Respected Experts,
THANK YOU ALL FOR YOUR VALUABLE TIME.
MAY GOD BLESS YOU ALL FOR THE SERVICE RENDERED.
malipeddi jaggarao
(Expert) 16 June 2014
Good story by senior expert Shri Biswanath Roy.
I would like to request his goodself to give me a tip how to bring the case for early hearing. A writ filed by me personally in 2010 is not coming for hearing. Out of order petition also did not work. Once it came before the judge, our representation was over, the defendant initiated his discussion, later the Judge is not willing to take up any cases except admissions or the cases of very urgent nature if such mention is made by the advocates. My advocate is not willing to make mention about the urgency of my Writ. It is my personal service matter.
Raj Kumar Makkad
(Expert) 16 June 2014
@malipeddi jaggarao! Nothing can be commented over the personal experience of an individual because others have opposite experience and moreover, we experts are expected to provide only legal opinion and nothing more than that.
Guest
(Expert) 16 June 2014
Only the Client's advocate could insist about the urgency.Even 1958 case is pending that too in lower court it self
Biswanath Roy
(Expert) 16 June 2014
Several thousands of cases are pending for disposal in the civil and criminal courts in India which is a known fact. Those are being delayed due to various reasons. It depends upon the Advocate-on-record to bring it on Board for hearing. In English Courts viz., Original Side of the High Court the matter comes to the Board almost after filing the petition. Besides,the hearing also fix up earlier and the court gives instantaneous order.
T. Kalaiselvan, Advocate
(Expert) 06 June 2014
