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Neeraj Kumar Giri (NA)     24 March 2014

Dates given by court

Dear Experts,

How the Court decide when to give the date of a particular case, and why the dates are given in such a gap of 2 year or more for next hearing.

Under which circumstances these dates are given and can any body raise against the fixing of date in short interval of time for speedy justice.



Learning

 2 Replies

Advocate Ravinder (Advocate/Attorney)     26 March 2014

It is the discretion of the court to decide dates.  Normally, due to heavy piling up of the cases, when new case is filed, the court will give long dates i.e. one month or two months.  But giving date of  2 years gap is unheared and strange.  In this case you have to file a petition for advancement of case under sec. 109(2) of C.R.P. by giving the reason of urgency to advance the date. The court will definitely consider your request.

Relating to second query, you cannot insist the court to put the date so short. Normally the dates will be given with a gap of one or two months in the beginning and after one or two years, the gap of dates will be reduced to 15 days to one month. 

T. Kalaiselvan, Advocate (Advocate)     26 March 2014

Well opined by learned Mr. Ravinder, nothing more to add.


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