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Veerendra   27 September 2025

Is there any way to expedite acceptance of amended prayers ?

Dear all eminent lawyers,

Case history in brief:- Location:- Andheri East ,Mumbai.  I filed a case U/S 19 of MCS for overbilling against my society in the co-operative court.  Later on it was realised that in the pleadings  the details of overbilling were mentioned ,but were not described specifically in the prayers.
 
So I got the prayers amended and in the amended prayers I described every detail of overbilling and asked for relief from them.
 
It has almost been 10 months since we asked for amendment in prayers but the court has not given an order on the same  as the court is very busy.
 
Now my queries:- Is there anything that I can do so that my matter is expedited and court gives its order on acceptance of amended prayers?
 
Hope to see a lot of responses and many thanks in advance for the same.
 
Regards,
Veerendra Darakh.


 5 Replies

T. Kalaiselvan, Advocate (Advocate)     28 September 2025

If a court has delayed deciding an amendment petition for more than 10 months, you can take several legal steps, primarily by filing an application to expedite the hearing of the pending petition.

The right to a speedy trial is a fundamental right under Article 21 of the Constitution of India, and prolonged delays can be challenged. 

Clearly state the hardship caused by the delay and emphasize that the amendment is necessary for the proper and effective adjudication of the case.

 If the trial court's delay is excessive and unjustified, a writ petition can be filed before the High Court.

The High Court has powers of superintendence over all lower courts within its jurisdiction.

It can issue a direction to the subordinate court to expedite the matter and dispose of the pending petition within a specified timeframe.

1 Like

P. Venu (Advocate)     28 September 2025

Yes, you may approach the High Court under Article 227.

1 Like

Veerendra   28 September 2025

Originally posted by : T. Kalaiselvan, Advocate
If a court has delayed deciding an amendment petition for more than 10 months, you can take several legal steps, primarily by filing an application to expedite the hearing of the pending petition.
The right to a speedy trial is a fundamental right under Article 21 of the Constitution of India, and prolonged delays can be challenged. 
Clearly state the hardship caused by the delay and emphasize that the amendment is necessary for the proper and effective adjudication of the case.
 If the trial court's delay is excessive and unjustified, a writ petition can be filed before the High Court.
The High Court has powers of superintendence over all lower courts within its jurisdiction.
It can issue a direction to the subordinate court to expedite the matter and dispose of the pending petition within a specified timeframe.

So I guess the application has to be filed in the same court where the case is currently going on or somewhere else. Pls be kind enough to clarify .

T. Kalaiselvan, Advocate (Advocate)     28 September 2025

You can file the memo in the same court, if the court is still not responding to the memo you filed seeking an expeditious disposal of the pending applicaiton you may approach high court with a writ petition as advised in my earlier post.

1 Like

Dr. J C Vashista (Advocate )     29 September 2025

I agree with the opinion and advise of learned senior expert Mr.T Kalaiselvan.

Move an application  before the Court / Tribunal / Authority where your case / application is pending. After waiting for a considerable time, when  you do not get any decision you may move to concerned High Court for issuance of necessary directions.

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