start of trial pending IA

Querist : Anonymous (Querist) 23 May 2010 This query is : Resolved
Sir,

An IA was filed by the petitioners about 8 months back. The enquiry is not done and IA not disposed. In the OS trial has not begun in spite of 2 years lapsed.

The petitioners on some or other pretext are unduly delaying and dragging the matter by filing IA's which are vexatious and few dismissed by the court previously.

In spite of several adjournments in the past 10 months the petitioners are not attending the court and the hon'ble court is granting time liberally.

I want the IA and OS to be disposed at the earliest, Please advice.

Whether my counsel can complete the arguments in IA with the petitioners counsel and is it mandatory for the documents to be marked be the start of the trial.

Can orders be passed ex-parte in the IA, pl suggest. What best should my counsel do in IA's and OS?

Thanks

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Devajyoti Barman (Expert) 23 May 2010
If in a suit either of the parties is resorting to dilatory tactics by way of filing vexatious petition then the other to expedite the same can do by filing an application u/A 227 of the constitution before the High Court.
That apart if one of the parties goes to High Court challenging any interlocutory order then the same sort of direction for expeditious trial of the suit preferably within a fixed time can be prayed for.

B K Raghavendra Rao (Expert) 24 May 2010
If there is an IA, applicant has to argue first and then the opposite party. Dilatory tactics are causing huge backlogs in the courts in India. Unless the IA is on juridsictional dispute, you may pray the court to proceed with the trial and pass final orders for IAs and the suit together. If IAs are for impleading the parties, you do not object for the same so that proceedings are not delayed.

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