Opposite party causes unnecessary delay absenting on date of hearing

While listening a Transfer application (TA-Civil) High Court Allahabad allowed the Transfer to another district with the direction that the (lower) Court may proceed to decide the same in accordance with law expeditiously by curtailing all unnecessary adjournments and fixing short and quick dates. However after the transfer of case, the opposite party which was the applicant in above Transfer case (TA-Civil), delaying the case in lower court by giving multiple adjournments applications showing illness as reason and on one occasion producing medical certificate as well. I got to know that the applicant was present at his job during many hearing dates on which adjournments granted. So case in lower court is still in trial. In above situation what I can do for - 1. Expedite the hearing of case in Lower Court 2. Punish the opposite party for unnecessary delaying the case.

Answers (3)

117 votes

Dear client, if your case is pending in lower court from much time. Then you can file a mandamus writ in High Court under article 226/227 for directions to lower court to decide the case with in stipulated period prescribed by the court ( with in 3 months or 6 months) after this order the court below will decide your case ,if opposite party will not appear on this situation the case will proceed ex_party order.

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118 votes

मित्र, आपको अपने मुकदमे के शीघ्र निस्तारण के लिए माननीय उच्च न्यायालय से पारित आदेश की प्रति न्यायालय में इस प्रार्थना पत्र के साथ प्रस्तुत करना चाहिए की विपक्षी पार्टी के अनावश्यक रूप से प्रस्तुत प्रार्थना पत्र को न्यायालय द्वारा स्वीकृत न किया जावे एवं आवश्यक हर्जा भी विपक्षी पार्टी पर लगया जावे। जिसको न्यायालय को निश्चित रूप से निस्तारण करना होगा।

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Speedy justice is the right of every person. You can file your objection in the lower court against the illness and adjournment with the record that reasons mentioned in adjourn and illness application is not true as he was present in office. You can also approach to the hon'ble high court for appropriate direction to expedite the trail.

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