Dear all eminent lawyers,
Veerendra 27 September 2025
Dear all eminent lawyers,
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.
P. Venu (Advocate) 28 September 2025
Yes, you may approach the High Court under Article 227.
Veerendra 28 September 2025
| Originally posted by : T. Kalaiselvan, Advocate | ||
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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. |
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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.
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.