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sanjeev kumar (cleark)     16 January 2011

Specific performance - DW is not coming

Hi Friends,

I filed a case in 2006 for SP and issue was fixed in 2009 my (PW) are over but DW is taking dates since last on year though on last date penalty was also imposed.

Is it normal things ? How many more years my case will take in haryana courts



Learning

 2 Replies


(Guest)

 Generally no such time will be granted.  the defendant side advocate or judge may have leniency in this matter.   As per order 17 rule 2 CPC the order has to be passed. Kindly  instruct your advocate be present at the time of calling the case and urge the matter for final orders or for judgement.

PRNarayanan (Regional manager)     02 February 2011

Getting adjournments are  practise , order and style of the judicial proceedings in all courts [Top to Bottum]

On Descretion Hon'ble courts generaly do not allow More than 3 adjournments in these similar situations

. if any  remedy required on this issue , you may file a petetion to dismiss the suit for the reasons that Defendant is not attending the case  even after imposing penality and not appearing to defend his bonefides in the alleged suit.. Your counsel should mention when the matter is heard that the very absence is itself an evidence that there are no facts and material evidence with defendant to defend the case.

To tell U things are simply  in your lawyer's hand.


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