Delay

Guest (Querist) 11 November 2014 This query is : Resolved

In a civil writ petition, the Hon. High Court of Delhi ordered as follows in 2011

"Rule.
List in due course."

Thereafter, nothing has happened even after three and a half years. Kindly advice what should be done so that writ is decided as soon as possible.

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R.K Nanda (Expert) 11 November 2014
inspect court file and then file early hearing application u/s 151 of cpc in court.

Guest (Querist) 11 November 2014
What is the meaning of above rule i.e. when petition will be listed under normal course.

R.K Nanda (Expert) 11 November 2014
rule means order passed on date of admission of said writ.

ajay sethi (Expert) 11 November 2014
it means that petition will come for hearing in normal course . there is no urgency . on account of huge backlog of case it would take years for petition to be heard finally

Devajyoti Barman (Expert) 11 November 2014
The case when does not get enlisted automatically, you need to mention the matter before the proper court for directing the court officer to list again.

Rajendra K Goyal (Expert) 11 November 2014
File early hearing application u/s 151 CPC.

Guest (Querist) 12 November 2014
Respected Sirs,

Thanks for reply.

1. What are the chances that court will agree for early hearing on filing application.

2. Further, in case Court does not agree, how much time Hon. Delhi High Court generally takes for restoring hearing after such an order.

R.K Nanda (Expert) 12 November 2014
1. chances are high.

2. depends on court backlog of cases.

Devajyoti Barman (Expert) 13 November 2014
Do regular mentioning. No need for filing any application.It is never done in high court or supreme court.

Guest (Querist) 13 November 2014
Thanks Nanda Ji and Barman ji.

Devajyoti Barman (Expert) 14 November 2014
welcome........

Guest (Querist) 14 November 2014
Advocate says that he cannot do regular mentioning. Kindly advice.

Devajyoti Barman (Expert) 15 November 2014
The ask his junior to do so. Be ready give some extra fee. There is no other way out.

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