(Querist) 26 September 2017
This query is : Resolved
A Case Date is given after 7/8 month , the petitioner is 76 years old. Only 3 date till 2 years.Petitioner wants to recover his property in his lifetime .Petitioner mentioned that he is senior citizen but still no early date given.The case is of eviction suit and tenant is not paying rent for 8 years.Petitioner has no other source of income.
My question is 1)If petitioner move to high court for time bound 2/3 years case /speedy trial , will hight court allow it ?
2)If there any law that a petitioner can ask for judgement in his life time ? If exists please mention the name of the law ?
3)Being too old , it is sure to get early hearing ? Or high Court can reject the time bound / speedy trial application ?
Go thru newspaper publication; Senior citizens can get priority hearing in courts http://www.thehindubusinessline.com/news/national/senior-citizens-can-get-priority-hearing-in-courts/article5436651.ece Your own counsel may also advise to give application for early hearing in same court.
(Expert) 26 September 2017
In compliance with the orders dated 28.7.2009 passed by Hon’ble the Chief Justice, the detailed proforma, which has been introduced as supplement to the procedure being followed by Registry for listing of regular cases of Senior citizens, NRIs, widows and Exservicemen, is required to be circulated, so as to ensure that the litigants and/or their counsel in order to get their Regular cases listed on priority basis, will submit application/s, together with the documents, which have been made compulsory for considering such requests. “Applications in the following proforma are required to be submitted by the parties/counsel for getting the Regular Cases listed on priority basis:- 1. Name of the applicant : Father’s/Husband’s name: 2. Address: 3. Case No.: 4. Parties name: 5. Date on which the applicant acquired the status of senior citizen 6. Documents required: i) in case of Senior Citizen: Birth certificate/Matriculation certificate. In case of illiterate persons an affidavit, duly sworn in, by the applicant. ii) in case of Widow: Death certificate of her husband along with an affidavit of having not re-married. iii) in case of Ex-servicemen: Discharge certificate issued by the competent authority. iv) in case of NRIs: Requisite certificate from the competent authority. (Signature of the applicant) Note:- Submission of documents is compulsory for consideration of request. Copy of the draft proforma can be obtained from the office of Deputy Registrar (Writ) and Deputy Registrar (Judicial). Sd/- Registrar(Judicial)
Rajendra K Goyal
(Expert) 26 September 2017
You may file petition and prey High Court for direction to decide the case in time bound schedule as you are a senior citizen.
(Querist) 28 September 2017
Mr.p.venu , if high court direct to complete case in 5 years , lower court can it 20 years ? if high court gives 5years , lower court as for another 2 years.total 7years.But the current case status , the case will run 20 years or more.Going to high court for speedy trial would be anyway advantageous .is not it ? Please advice
(Expert) 28 September 2017
Unfortunately, this is the state of affairs, though there has been no marginal improvement in some States.