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raja (owner)     07 November 2020

munsif court filing done 30 days passed case not registered

Dear experts,
I have file a rental case as party in person on 7.11.2020 at munsif court, filing number, CNR number, are done. But case has not been registered so far. I checked the office on every Monday, clerk says still it petition has not been read by judge. After his approval register number will be alloted.
My query :
1. how long will it take for registering a case.
2. if the delay continued so far... what is the next level of escalation.
Thanks in advance.


Learning

 5 Replies

Adv Vinay Mathur + 8447131770 (Advocate)     07 November 2020

First pls describe the dispute , what it relates to?
1 Like

raja (owner)     07 November 2020

sir, petition filed u/s 21(2) of TNRRRL ACT

Dr J C Vashista (Advocate)     08 November 2020

You have posted this query on this platform which is world wide, which you shall have to agree.

What is your locus standi to the case ?

What is the case ?

What do you mean from the term used by you as TNRRRL Act ? Do you agree this is a State Act, provisions of the Act are applicable Only and Only in Tamil Nadu and not Union Act where it may be applicable through out the territory of India ? In these circumstances how do you expect the experts do know each and every State subject till the time you did not engage either of them ? 

You have stated to have filed the case on 07.11.2020 and today it is 08.04 AM of 08.11.2020 say few hours ago, do you expect that the judge is meant only for your case like yourself ?

It would be better to consult your lawyer if you are a party.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     08 November 2020

Originally posted by : raja
Dear experts,I have file a rental case as party in person on 7.11.2020 at munsif court, filing number, CNR number, are done. But case has not been registered so far. I checked the office on every Monday, clerk says still it petition has not been read by judge. After his approval register number will be alloted.My query :1. how long will it take for registering a case.2. if the delay continued so far... what is the next level of escalation.Thanks in advance.

 

1. Court will issue Notice whenever possible for court (usually in 30 days).  Litigant can petition the HC for directions to the lower court to decide within a time limit DEPENDING on the merit /urgency of the case.

2. In Court procedures, there is no such thing as "escalation" as you made out.  You may withdraw your application IF you are not satisfied with the court proceedings.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

1 Like

P. Venu (Advocate)     08 November 2020

To my knowledge, a case is registered and numbered once the defects, f any, are cured. The case would come up for hearing in due course. At present, there is an impasse in courts because of Covod 19.

If there is urgency, an application for advancing the hearing could be filed.

 

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