Upgrad LLM

dragging on the suit proceedings


In a suit for specific performance, the defendant had not coperating with the court for the last 10 years for disposal of the suit.  When the case came up for trial and when case posted for his evidence, he had been regularly filing successive interlocutary applications by invoking several provisions contained under the CPC and stalling the main proceedings of the court insisting the court for disposal of the interlocutary applications first.  Is there any limitation for filing particular number of petitions.  Is there is no such limitation, whether the bonafide plaintiff has to suffer  in the hands of the scrupolous defendant who had been dragging on the proceedings for ever.  If there is no such limitation as to number of interlocutory applications to be filed in the existing Code of Civil Procedure, is not necessary to bring in an amendment to the Code of Civil Procedure, to protect the bonafide plaintiff. 

 
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Director

It is unfortunate our system is vulnerable to such uncrupulous litigants.  10 years is a long time (lifetime in most cases)... I think the best course of action is to file petition before the high court bringing out in details tactics adopted by the unscrupulous litigant and request for expedited disposal. Good luck

 
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