Counter reply being delayed on writ petition

893 votes

Firstly a listing application should be filed so that the matter gets listed in November itself ,because according to the details provided by you the matter will be listed next in December. Once the matter gets listed in November, ask your counsel to make a mention before the court about the long pendency of the writ petition. When the matter is taken up, your counsel should provide a copy of the order of the Court wherein the Respondents we're directed to submit counter affidavit within a week. Also show them the orders that on multiple occasions the concerned Respondents have taken time to file their counter affidavit. Make sure to ask your counsel to pray for a stop order from the Court, that is, no further time will be granted to file counter affidavit.Once a stop order is granted, the Respondents cannot take any further time to file their counter affidavit. Thereafter on the next occasion the Respondents will be bound by the Court's stop order to file their counter affidavit on the next date and if the Respondents fail to submit their counter affidavit on the next date, then the Court will waive off the requirement of a counter affidavit and your matter will be decided on that very date itself.

Advocate Mehul Khare LawRato

567 votes

No litigants has a right to abuse the procedure provided in the CPC. It`s true that cap on adjournments to a party during the hearing of the suit provided in the proviso to Order 17 Rule 1 CPC is not mandatory but in suitable case, on justifiable cause. Justifiable cause means (as contemplated in Order 17 Rule 1CPC). Therefore I would like to suggest that on the next date kindly raise serious objection before the court that the opposite parties are only interested in delaying the case and has already abused the process of the court and request the court to take serious action against it.

Advocate Nishant Singh LawRato

778 votes

you may move an application for listing in regular bench with facts for urgent hearing and narrating the intentional delay on the part of respondent.the date would be fixed else it would just reflect in systen the likely date of listing . secondly you may approach registrar listing with an application .

Advocate Samrendra Nath Pandey LawRato