Paid Advise

Unreasonable delay in civil suit

Shivendra Pratap Singh

Advocate

15/09/2015

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Sir, I am working as inspector in police dept., in 2008 an old lady came with a complaint regarding some property dispute and status quo of the shop with her sons, I was in charge of the police post at that time, I went on the spot and to prevent a breach of peace I arrested his son and his two adult children under section 107/151 crpc.

Later on, the magistrate sent them to jail. His son whom I arrested then lodged a civil suit in sessions court & contempt at another lower court stating therein that despite court orders I deliberately arrested him, put him in lock up, tortured him and took money out of his pocket ( fake allegations in his petition),

I gave an initial statement in court but then thinking that state council would follow the matter I forgot to follow the case, now ex-partie proceedings have been initiated against the state being defendant no 1 in the case. This all happened because of the negligence of state counsel as he never attended the court.

Now I have engaged my personnel lawyer who gave an application before the court seeking request for exemption from ex–partie proceedings on certain grounds, till now the case is not being heard bcoz of certain reasons. pl. send some legal guidance and shall I wait for the outcome of the application or move to the high court or is there any other remedy.

First of all, you should restore your case. The ex-parte decree may be set aside by the court on restoration application or qayami darkhwast. Give an application under section 151 CPC for the speedy hearing of the case. This application may be filed before the same court or before the court of District Judge.

In Makhan Lal Bangal vs Manas Bhunia & Ors [2000], it is held by the Supreme Court that: “Speedy disposal is the cry of the day. Courts cannot act as silent spectators when evidence is being recorded. Judges must have full control over the file and effectively conduct proceedings keeping in view that no litigant has any such right as to waste the precious time of the court.”

There is a catena of the case in which directions are given by the apex court towards speedy hearing of civil suits. If your suit is pending because of adjournments passed by the court on many dates then you may take certified copies of order sheet and approach to either the High Court or District Court for expedition order. Then the court is bound to hear the case without giving unreasonable adjournments.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

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