condole delay petition

Querist : Anonymous (Querist) 25 September 2010 This query is : Resolved
hallo sir

my brother died in an accident 10 years back. in sessions court that case was started and awarded 1 lakh compensation. we appieled to high court for 5 lakhs. in 2005 we entered condolne delay petition. till today that case is pending. the status is notices. we are regularly checking in online case status system. how many days will condolne delay petition is come to bench. please tell me the procedure.

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Devajyoti Barman (Expert) 25 September 2010
The petition should come only once for hearing or on other dates if on the previous dated the matter was adjourned. Better you check with your advocate about the status of the case.

R.Ramachandran (Expert) 26 September 2010
The Application for Condonation of delay filed in the High Court (whatever High Court) will not take as long as 5 years as you state. There is something fishy somewhere. Go to the High Court and check up the status yourself - quite possibly the application would have been dismissed in default for non-appearance - even the Registry may find it difficult to trace the same at this belated date. But still you have to personally go, persist and find out.

s.subramanian (Expert) 26 September 2010
There is no fixed time frame for any court to dispose of such petitions. That is the difficulty with Indian Courts. However such petitions are not kept pending for such a long time by any court. You have to go in person and verify about the reasons for the delay.

s.subramanian (Expert) 26 September 2010
You say you are regularly checking online about the status of the case and that the same is posted for services of notices and pending for the same reason. Then approach your advocate and enquire why there is such an enormous delay in service of notices. If there is any delay in this regard on the part of the court staff,you can complain about it to the Registrar-General for appropriate and immediate action.

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