Tushar Jha (Advisor) 22 March 2023

Application preponing the hearing in execution of decree(civil suit)

In India, under which provision of Civil procedure Code can one move an application for preponing the hearing of the case before District Civil Court? A long date has been given by the court-reader, despite seeking a short-date in a civil suit.

What is best way to convince the court-reader to give a shorter date? What is the proper procedure in this regard? Do I need to file an application before the Court to get a shorter date? If yes under which provision? Can Section 151 of Code of Civil Procedure be invoked for such an application.

KINDLY PROVIDE ANSWER TO THIS QUESTION ASAP. Within this week itself.

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4 Replies

Dr J C Vashista (Advocate) 22 March 2023

Yes, it can be filed u/s 151 CPC.

You should have objected for longer date before Reader, if s/he did not agree you must have insisted upon putting up the case (for fixing next date of hearing) before Link Judge, which you did not insist and reader gave you longer date as stated by you.

It is advisable to avoid use of such language you have sought obligation of experts, as prima facie facts posted make it as an examination hall question paper,

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T. Kalaiselvan, Advocate (Advocate) 22 March 2023

You can file a petition UNDER RULE 109 OF CIVIL RULES OF PRACTISE AND READ WITH SECTION 151 OF C.P.C (PETITION FOR ADVANCE HEARING) by giving a copy to the opposite side with an affidavit stayting the reasons by which you seek the advancement of the hearing from that date to this date.

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