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Yuvaraj (Editor)     12 July 2015

Absence of hearing

We had  filed a case against one of the department of tamilnadu govt(district collector) in madras high court for the land occupied by govt which is in our family name. No one from that particluar department attending the hearing,so far 7 hearing's got over, they don't have evidence for the land and they didn attend any hearing. If it is a private party court will issue arrest warrant or some other action, but against govt nothing is happening. Our lawyer is saying that if the opponent not coming for hearing,judgement will given favor o your side. Is it true? For how many hearing's court can wait for giving judgement.

Legal Experts please clarify about this.

Thanks,

Yuvaraj



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 3 Replies

cyberlawyer (barrister)     12 July 2015

You must have filed a writ petition i suppose. You need not have waited for 7 hearings and could have insisted the court to pass orders. Nothing is wrong even now but dont wait any further. Let your lawyer ask the court to pass orders on merits. From what you contend, i can understand that even counter is not filed by govt. side. It is not unusual for the govt. side to do this. Even in petty matters pending before the trial courts, they take their own time to appear and mostly they appear only to file set aside application after being set exparte. Judges who are very courageous and bold and dont fear the govt. alone will impose cost against them in allowing such applications and such judges are very low in number. 

They will not appear until at the least an exparte order is passed, as they will have to set it aside as it is against them. So insist your lawyer to pass atleast an exparte order if the judge is not inclined to pass orders on merits if not enforcing their appearance will be a herculean task. 

Wish you Good Luck

Yuvaraj (Editor)     13 July 2015

Thanks a lot for detailed reply :)

Yuvaraj (Editor)     10 June 2016

So far no one from Govt side appearing for the trial, our lawyer says there are not enough Judges and your case is not coming for the trial. How long we have to wait? Does the lawyer says true? Any one please clarify. TIA


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