Pendency in civil case since four years
Tapan
(Querist) 27 May 2014
This query is : Resolved
Dear sir,
Four year back we have filled an civil suit in taluka court, but till today we have not even got a status quote. On asking my lawyer about this delay he said judge is intensely providing more hearing to the opposite lawyer. There is no progress in my case. It is stuck at where it was on first day. I asked lawyer what we can do in this situation, but he says court works in this way only.
So please advise me what can i do in such situation. Can we complain to any department or upper court,to look in to this for such delays.
please advise me what legal action can be taken against judge for such delays.
ajay sethi
(Expert) 27 May 2014
it depends upon pendency of cases in court . suits take atleast 15 years to be disposed of
Rajendra K Goyal
(Expert) 27 May 2014
If you feel that your lawyer is not attending the case properly, you can change him. However. it is fact court cases take time.
Devajyoti Barman
(Expert) 27 May 2014
you can approach court under Article 227 of the Constitution for direction upon lower court to end trial in a specified tie frame.
Tapan
(Querist) 27 May 2014
Thank you all for you reply
Tapan
(Querist) 28 May 2014
Thank You all for your reviews
Nadeem Qureshi
(Expert) 28 May 2014
Dear Querist
the speedy justice is fundamental right and for this you can file a Writ petition before HC/SC under article 226/32 of Indian Constitution and prayed for speedy trial of the case, the HC/SC have power to pass an order in your favor with the time frame of disposal of the case.
Feel Free to call
Tapan
(Querist) 29 May 2014
Thank You Nadeemji
T. Kalaiselvan, Advocate
(Expert) 31 May 2014
Mr. Tapan, while posting queries you must see what you write here, the following line written by you is objectionable:
"please advise me what legal action can be taken against judge for such delays."
You cannot take any legal action against judge for the delay in the court proceedings/trial, instead if somebody is taking a legal action against you for your such comments, you have to run to the court with another case.
Guest
(Expert) 31 May 2014
Have not you asked your own lawyer to suggest legal action against the judge, if you desire so?
Even otherwise, your own lawyer can be at fault, if he is not strong enough in his arguments to avoid postponements. His arguments should be quite convincing to compel the judge not to give any unnecessary hearing dates.
I believe, your own lawyer would be attending the court merely to get further date of hearing due to lack of time with him to argue, if you are depending solely on him and not attending the court on the date of hearing. Better, try to attend the court of the fixed dates of hearing and note, if your own lawyer is reacting to any argument of the other lawyer or not asking for postponements, or the judge allowing undue postponements.
