How to Combat Delay by Plaintiff''s Attorney
x
(Querist) 03 August 2011
This query is : Resolved
I am a defendant in a civil property case. The Plaintiff has a very weak case but he has obtained a stay. In order to harass me, his attorney is elongating and delaying the case. He had wanted to get five witnesses including the plaintiff. The first one was cross examined in 2006 and the fourth one this year. He has not brought the fifth witness until now.
In March he was ordered to pay Rs. 3000.00 as costs for not producing the witness. He has not paid it either.
On the last date, he claimed that his mother was on death bed and the judge callously gave a date in November.
I want you experts to advise me if there is any pragmatic way that we can speed up the trial. It is very apparent that the attorney is not interested in proceeding with the trial.
Advocate Rajkumarlaxman
(Expert) 03 August 2011
wait till november or move to highcourt under writ jurisdiction to spped up the case as so many years are over the stage is not yet crossed. on this basis the court may issue an direction to comeplete in stipulated time
x
(Querist) 04 August 2011
The case is at the lowest level i.e. Jr. Div. Is there any steps that can be taken in the lower Court to be prepared for the November Date. Is application to the Sessions Judge advisable.
