Making lower court presiding officer as party iby name.
surjit singh
(Querist) 26 August 2014
This query is : Resolved
In a civil suit the munsiff of the court did not admit my suit on the point of resjudicata at the initial stage and on this point hearing was done on several dates and even on conclusion of the argument on this point even after several dates the munsiff did not passed any order. Subsequently, an application was made stating that the argument on the point of resjudicate was concluded long back and thereafter around two years has passed so order to that effect may be passed. Even thereafter there was not order. The petitioner made a complaint before the CJM stating the fact and praying for necessary directions. Thereafter the munsiff passed the order admitting my suit. The CJM rejected my complaint stating that at this stage the complaint by the petitioner cannot be entertained since order has been passed in the suit.
I want to file a application before the High court for such willfull delay in passing orders by the munsiff court. I am not the only person who has faced such harassmet. It is also seen that when judgemnet are reserved, those are not delevered for long more than six months and thereafter when they are transferred they name an order for release of the case and in the case the petitioner has to bear the burnt.
My question is I want to approach the High court making the munsiff as party by name. Whether it will be advisable to make him as named party. If not why.
Advocate. Arunagiri
(Expert) 26 August 2014
You can file a complaint before the High Court Vigilence cell. But, you can can not add that Munsiff as a party to your existing case.
surjit singh
(Querist) 26 August 2014
I am not going to file an appeal against the order of munsiff , because he has admitted my suit and now the further proceeding will proceed. I want to file a writ before the high court making the munsiff as named party for not passing order on the simple point of admiting the suit for more than two years.
Arvind Singh Chauhan
(Expert) 27 August 2014
It is not a suit or appeal. You have to file a complaint only. You can file it with proof along with affidavit.
Rajendra K Goyal
(Expert) 27 August 2014
You can file complaint with the High Court.
ajay sethi
(Expert) 27 August 2014
judicial process takes time . courts are over burdened . it is doubtful you would get any relief in writ
M V Gupta
(Expert) 28 August 2014
Proper course is to file a complaint with the Vigilance cell of the High Court for quick action. the complaint should give specific instance/s of delay on the part of the Court.
