Speedy disposal of civil suit
Nikit Rastogi
(Querist) 24 July 2013
This query is : Resolved
Dear Member,
Pls guide me to the process of filing petition before Court for getting speedy disposal of case under the Civil Suit. Which court need to apply whether in prevailing court or in High Court and how much time it will take. Its urgent.
Advocate M.Bhadra
(Expert) 24 July 2013
You can file a petition for Civil Revision under article 227 of the Indian Constitution in High Court.
Article 227 in The Constitution Of India
Power of superintendence over all courts by the High Court
(1) Every High Court shall have superintendence over all courts and tribunals throughout the territories interrelation to which it exercises jurisdiction
(2) Without prejudice to the generality of the foregoing provisions, the High Court may
(a) call for returns from such courts;
(b) make and issue general rules and prescribe forms for regulating the practice and proceedings of such courts; and
(c) prescribe forms in which books, entries and accounts shall be kept by the officers of any such courts
(3) The High Court may also settle tables of fees to be allowed to the sheriff and all clerks and officers of such courts and to attorneys, advocates and pleaders practicing therein: Provided that any rules made, forms prescribed or tables settled under clause ( 2 ) or clause ( 3 ) shall not be inconsistent with the provision of any law for the time being in force, and shall require the previous approval of the Governor
(4) Nothing in this article shall be deemed to confer on a High Court powers of superintendence over any court or tribunal constituted by or under any law relating to the Armed Forces
Kiran Kumar
(Expert) 24 July 2013
Whether the trial is required to be expedited or not depends upon facts and circumstances of the case. the time consumed by the trial court is also relevant.
So, mention the reasons for seeking speedy disposal.
R.K Nanda
(Expert) 24 July 2013
nothing to add.
Raj Kumar Makkad
(Expert) 27 July 2013
Such application cannot be moved in eery suit or case.