2nd appeal
bharati singh
(Querist) 09 February 2010
This query is : Resolved
sir, we got a degree in lower court Midnapur.But the Other side went to H.C calcutta and appealed for stay.We hired the advocate but the advocate did not attended the case as he was purchased by O.S.In between i was busy as my husband and father was both in ICU ward,The case was orderd in degree of other side,We appealed for 2nd appeal since 2006 but till now the case in H.C is not be heard,For that we filed one more case to bring the previous case in hearing list but we are being lingered becos O.S advocate is not attending ,So what should we do to get relieve and bring 2nd appeal in hearing list as soon as possible thanks
Kiran Kumar
(Expert) 09 February 2010
if ur case is an admitted one then it may take few years to get listed for hearing.
better would be make an application for early hearing before the concerned high court, mentioning ur hardship the High Court may oblige u.
otherwise the facts mentioned by u r not complete....pls mention the nature of case, what decree was passed in ur favour, what happened in first appeal, how the otherside went to HC directly....
one more thing to point out...the correct expression is DECREE not DEGREE
Devajyoti Barman
(Expert) 09 February 2010
The information is incomplete. From my personal experience in Calcutta High Court, I can tell that there is always a limit to drag the case before it unless ld.advocates of both sides are actually against expeditious hearing.