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Sudhanshu mondal   01 June 2021

Can i file a civil case in high court in this pandemic

Can I file a civil case in high court in this pandemic ? Do we have to be present physically in court ? How proceedings are occurring in court in this pandemic ? Do courts are hearing civil cases ?? My civil case is Pending Pension matter from 3 years Kindly reply


 7 Replies

Dr J C Vashista (Lawyer)     01 June 2021

High Court can entertain a case if the subject matter falls in its "Original" or "extra Ordinary" jurisdiction.

Pension do not fall in either of the aforesaid jurisdiction of High Court.

Pandemic can not change law.  

You need not present on every date but your counsel (lawyer) must attend physically or virtually as prevailing circumstances.

During pandemic only most urgent cases (Civil as well as criminal) are taken up every day by every court, however your case do not fall in this category.

You have stated to have already instituted civil suit 3 years ago, it shall proceed in the same court. However, you may request your lawyer to approach High Court for issuance of writ of mandamus for early hearing  and decide the suit within a time frame, which the High Court may consider and pass orders, if found justified.

What is the opinion and advise of the lawyer engaged / paid by you who is well aware about facts and circumstances besides the fact s/he is an able, competent and intelligent enough to satisfy your queries ?

Sankaranarayanan (Advocate)     01 June 2021

I do agree with experts reply. better to consult local lawyer and act 

SHIRISH PAWAR, 7738990900 (Advocate)     01 June 2021

Hello,

Due to pandemic courts are entertaining the suits/cases which are urgent in nature. So if you have any urgency then only court will conduct a hearing in your case. The pending cases are not being heard. However, you can file fresh cases.

P. Venu (Advocate)     01 June 2021

In the given context, no fresh cases could be filed. However, you may move the High Court under Article 227 requesting for directions to the concerned judicial forum for expeditious disposal of the matter.

1 Like

Sudhanshu mondal   02 June 2021

thanks for reply and expert advice
still I have not filed a case in court.
I have succession letter from court for pension and I have submitted in concerned department but still I m struggling though I m regularly giving letters and reminders by letters to concerned department .
In reply they are saying it will be verified by pramukh sachiv

T. Kalaiselvan, Advocate (Advocate)     03 June 2021

In the given situation, you first obtain the status ad reason for pending of your case with the concerned department by submitting an application through RTI act.

After obtaining the information, you can plan to file a writ petition before high court for a direction to the concerned office to dispose your subject matter expeditiously.

No doubt due to current pandemic situation the high court may not entertain the writ petition now, before that you can obtain the requisite information and be prepared  to file the writ petition sooner the high court opens up for regular hearing. 

P. Venu (Advocate)     03 June 2021

Originally posted by : Sudhanshu mondal
thanks for reply and expert advicestill I have not filed a case in court.I have succession letter from court for pension and I have submitted in concerned department but still I m struggling though I m regularly giving letters and reminders by letters to concerned department .In reply they are saying it will be verified by pramukh sachiv

Your subsequent clarification issue makes the issue complex. Which type of pension?

What is the relevance of succession certificate? Why it is submitted to the concerned Department?

Is it a Central  or State Government department? 

Please post complete facts. May be, the entire issue is misconceived and perhaps, the submission of the succession certificate to the  department was quite unnecessary.


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