fbpx
Home | Advice | Civil Law Cases | Unreasonable delay in civil suit

Unreasonable delay in civil suit

By Shivendra Pratap Singh

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.

Other useful advice

How to recall the judgment obtained by the false evidence?

I want to recall the judgment of the court. The company has committed fraud and filed false evidence before the court. I knew nothing about that evidence therefore I relied upon. After the pronouncement of judgment, the fraud disclosed after reviewing of the judgment....

Tamil Nadu Electricity Board is not deciding my representation

I have represented Tamil Nadu Electricity Board requesting Pro-rata pension for which I have worked for 17 years. But TNEB has not responded. Then I file WP in HC, request to direct TNEB to respond to my representation. HC directed TNEB, to clear the representation...

Kanoonirai established in 2014, provides legal assistence through online media, telephonic consultation and video conferencing.

Contact

mail[at]kanoonirai.com
+91-91400-4[nine][six]54