Article 227 of indian constitution

x (Querist) 20 September 2011 This query is : Resolved
In order to speed up a trial where the plaintiff's are doing their best to delay, it has been advised to approach the High Court under Article 227 of Indian Constitution for a time bound trial.

I would like to know from you experts the following:
1. Is it efficacious?
2. Are there any traps, one should keep in mind?
3. For a successful petition how should the petition be approached.

Any other pointers will be highly appreciated.

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prabhakar singh (Expert) 20 September 2011
Yes a specific direction for concluding the case with in time specified may be passed by HIGH court,if it finds inordinate delay has been caused.one should allege the delaying tact of plaintiff and should proof from the order sheet of the court below.

Advocate. Arunagiri (Expert) 20 September 2011
If there is any delay in disposal of the case, you can seek speedy disposal by 227.

You should file the docket orders, to show the delay.

Sailesh Kumar Shah (Expert) 20 September 2011
High Court shall have superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction.
There is no traps. For speedy disposal of case, as you advised, you can file writ.

Guest (Expert) 20 September 2011
in every petition suit proceedings always a breathing time to be given. Unnecessary times should not be given. The order of highcourt will be the proceedings to be completed within two or three months. The proceeding officer will urge to conclude the proceedings in hasty manner in order to comply the HC order.
keep it mind and then proceed. This will apply to both the parties. be careful before you proceed.

Guest (Expert) 20 September 2011
Dear X,

Quite appropriate to follow suit. But your question does not indicate whether you want general order applicable on all the pending cases with lower courts or on some specific case.

Raj Kumar Makkad (Expert) 20 September 2011
I do agree with Dhingra ji.

M/s. Y-not legal services (Expert) 20 September 2011
Usually high court will frame time for dispose the interim applications only. I don't have any experience for entire suit proceedins. Also for this you have to get copy application the B diary extract.

Shastri J.K. (Expert) 20 September 2011
I do agree with mr.prabhakar singh

x (Querist) 22 September 2011
Thanks all - This is for one particular Case. The Case is at the cross examination of Plaintiff's Witnesses. The Plaintiff's attorney was not producing the witness and now is using his own mother's illness as an excuse for not coming to the Court.

girish shringi (Expert) 23 September 2011
You can move by putting the genuine reason.

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