Pcr - swearing not happening

Sunil (Querist) 20 February 2016 This query is : Resolved
Respects Sirs,

I filed a PCR in November 2015 in Bangalore and I was given a date by court for swearing. On that date, again a new date was given. Even on 3rd date, swearing didn't happen and judge is keep on pushing swearing to the next date with a reason that there are too many pending cases in the court and now pushed to April.

Me and my lawyer appeared on every date with sworn statement. My lawyer presented advance petition which was rejected with same reason that there are too many cases (as a matter of fact, he did pushed other cases too).

Please guide what can be done in this case. Is there any guideline or mandatory timeline judge need to follow.

Please help.

Regards
Sunil

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Devajyoti Barman (Expert) 20 February 2016
File a petition under article 227 of the constitution for direction upon lower court for expeditious hearing of the case.

Sunil (Querist) 20 February 2016
Devajyoti Sir, does it need to be filed in high court? if so, can my lawyer file it or another lawyer in HC needed?

Regards
Sunil

Devajyoti Barman (Expert) 20 February 2016
Any lawyer who practices in high court can file it.
If your current lawyer appear in high court then take his help. Else someone who does there can file.

Sunil (Querist) 20 February 2016
Thank you sir. Any other way than approaching high court? Is there any guideline or past judgement which can be presented in lower court to expedite the matter?

Regards
Sunil