Hari Krishna 04 November 2023
Is there any time lapse for the cases marked under CAV(Reserved)? If it is so do we have to present our case fresh to new bench?
My case is under CAV for 16 months and later on judge marked it as "for further arguments" status and not giving the date to present the clarification.What happens if he is transferred to other high court?Will the case lapse ?
Sudhir Kumar, Advocate (Advocate) 06 November 2023
you have not been able to explain problem.
T. Kalaiselvan, Advocate (Advocate) 08 November 2023
What is CAV?
It is not that this judge alone has to take up the cases even if he has been elevated or transferred.
The successor judge can also continue the proceedings.
Hari Krishna 08 November 2023
CAV = reserved for judgement sir.
T. Kalaiselvan, Advocate (Advocate) 09 November 2023
If the case has been reserved for judgment and the judge has been transferred or elevated to the higher post, if the matter has been inordinately delayed, then the successor judge may by requested to reopen. He or she may hear arguments of both sides once again and then pass a judgement and decree on merits.
Your advocate may submit an application to the registrar concerned to bring the matter on the next possible date of listing in order to enable the court to hear both the parties again to pass the orders.
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