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Kenil (Partner)     15 October 2009

court procedure

I am fighting a eviction case on medical ground bonofide requirement. The respondent lawyers is trying to drag the case and just keeps asking for postponements. While filing counter he paid penality and took time. While evidence stage he just tried to pull the case . In next stage of cross also he is not attending and sending junior lawyer for date. The judge has ordered fine and had given time as last chance. Is this a common practice in courts? Does this has any influence on judge that the other party is just trying to drag on the case and paying fine?? Will it benefit me in anyway or i am just loosing on time? pls advise.



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 4 Replies

adv. rajeev ( rajoo ) (practicing advocate)     15 October 2009

write a complaint against the judge to vigilience section of the high court . high court will direct the judge to proceed with case and fix the time period to conclude with the case.

R.R. KRISHNAA (Legal Manager)     15 October 2009

I do not agree with Mr. Rajeev

 

Mr. Kenil      The judge is not at fault.  It is the fault of the respondent lawyer.  Dragging proceedings are common nowadays and the litigant must learn to adjust with that.  If the case is dragged too long, then the litigant can approach the high court by way of article 227 and get a direction to dispose of the case within 6 months or one year.  But Lodging a complaint against judge will have adverse impact over the case.  It is not a good idea. 

Khaleel Ahmed (Legal Advisor)     15 October 2009

I totally agree with  Mr. Krishna. You should wait for justice.

Kenil (Partner)     15 October 2009

Hi.. i think i did not convey properly. I have no doubt in judge. The judge is absolutely good. The problem is the respondent lawyer who drags the case even by paying fines. This is painful. I wanted to understand will the judge believe that respondent lawyer is doing that purposefully because he does have much to stand in the case and will judge decide in our favour.


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