Non Appearance by Plaintiff's Lawyer
x
(Querist) 29 July 2010
This query is : Resolved
I need advice from the great experts. The situation is as follows:
The case is at the stage of cross examination of the Plaintiff's witnesses (Plaintiff has been cross examined). The Plaintiff's attorneys have been dragging their feet and they have been able to convince the court on a number of occasions to grant adjournments. For the last one year they have not been able to produce the plaintiff's witnesses. Three months ago the trail judge gave them final opportunity. On this particular date neither the witnesses or even the Plaintiff's Lawyer Appeared. The judge adjourned the case for another three months.
Considering the above facts what would be the considered opinion of the experts how the defendant should proceed. Whether he should approach the High Court to have the trial judge dismiss the case or does he have any other recourse to effect the dismissal of the case.
Thanks in advance for your opinions.
Devajyoti Barman
(Expert) 29 July 2010
The trial judge seems to drag the case for no reasons and shows no authority to expedite the case . In that circumstances you can approach the high court under article 227 of the constitution of India for obtaining a order so that the trial could be concluded in a given frame of time ,say from 6 months to one year.
B K Raghavendra Rao
(Expert) 30 July 2010
You need to file a writ petition under in the High Court under Article 227 of the Constitution of India and seek direction for time bound completion of trial.
x
(Querist) 30 July 2010
I was wondering under what circumstances the judge dismisses the plaintiff's case by dismissal by default? Can this ruling be done at the this stage of the lawsuit?
Raj Kumar Makkad
(Expert) 30 July 2010
If the plaintiff or his counsel both were not present at the time of hearing of the case then trial judge must have pronounced the order as 'suit dismissed on default' but the same has not been done despite of the insistence of the counsel for the defendant so this is a fit case to be complained to District instead of going in writ petition. If the court grants desired relief of expediting the case with effect from next date of heating then you are not loser and for that purpose complaint at DJ level is more than sufficient.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 30 July 2010
Be persistant that is all , such things happens every day in every day since administration of justice do not run on text book methods.
x
(Querist) 30 July 2010
Thanks to all of you for your time and sharing your expertise.
