Upgrad LLM

Long pending mcop case as exparte evidence

This query is : Resolved 

Online (Querist)
20 October 2020

Hi, My dad met with road accident and passed away after treatment failure in November 2017. We have filed a case in January 2018 in a local Taluk Court. It's Almost 3 years over, there is no progress. It's continuously getting adjourned & the reason for adjournment to next hearing mentioned is "Exparte Evidence". Our lawyer is telling like the Insurance company is not responding. Not even single trial has been started. Please advise me what shall I do in this situation to make quick progress of my case? what Shall I make to bring the insurance company to court to get timely judgment. (Also please let me know, What's the maximum number of time the hearing shall be postponed as Exparte Evidence)

Rajendra K Goyal Online (Expert)
20 October 2020

Your lawyer may prey court for expediting the case. If he is not co-operating change the lawyer. Proceed for ex-party evidences.

Advocate Bhartesh goyalOnline (Expert)
20 October 2020

Your case is fixed for ex-parte evidence means you have to adduce evidence.Ask your lawyer to prepare evidence affidavit of your side witnesses and submit the same before court.As per cpc there is provision to grant three adjournments for evidence .Seeking. Adjournments again and again shows negligence of your lawyer.you have option to change lawyer.

Dr J C VashistaOnline (Expert)
21 October 2020

Your case is being proceeded by the lawyer engaged / paid by you, what is his /her opinion / advise, you must have faith in him / her, otherwise change him / her immediately and engage another local lawyer.

SHIRISH PAWAR, 7738990900Online (Expert)
21 October 2020


Your lawyer has to file evidence before the court. If the insurance company is not appearing then the court can pass exparte order and your case will proceed further in the absence of an insurance company.

P. Venu Online (Expert)
21 October 2020

The court has already decided to go exparte. Your advocate can request the matter be expedited.

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