FLAT 20% OFF and 3-Months ADDED Validity on All Courses Absolutely FREE! Enroll Now Use Code: INDIA20
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Lord Ganesha (service)     23 September 2013

What is the remedy for the deliberate delays ???

Dear Experts My wife had filed a case u/s 125 for maintanence.haveing recorded all the statements and cross examinations from both sides, the lawyer of my wife is delberately delaying the arguements on the pretext of new instances. sometime his cliente (my wife ) is not here or she is ill or her lawyer is not feeeling well or lawyer is not there etc. All the evidences are in my favour and my case is very strong . I want to ask you is there any solution by which we can force the lawyer of my wife to argue in the court so that the final judgement could be delievered ??? Thanking u in advance.....


Learning

 10 Replies


(Guest)
book that lawyer, though illegal, many people do it.

Saurabh..V (Law Consultant)     23 September 2013

@Author You may present an application before this trial court to take action against this erring Advocate. If the trial court fails to take action, you may move to High Court for seeking directions for expediting the arguments and concluding the case. However, I would like to inform you that this is a known tactics in the court that if you urge the judge to do something which he/she is not doing by himself/herself, you may end up annoying the judge. so let the judge himself/herself take note of the situation and take action on his/her own. At best you may verbally request for expediting the case. All the best! //peace /Saurabh..V

LegalExpert (Lawyer)     23 September 2013

@querist Just ask ur advocate to convince the judge that opposition lawyer is deliberately making delaying tactics. Once judge is convinced u r through to the judgement.

498aindian (other)     23 September 2013

Good point conveyed by Legal expert.

T. Kalaiselvan, Advocate (Advocate)     23 September 2013

Ask your lawyer to represent in the open court on the next date of hearing stating that the events have been deliberately deferred for the chief reason to harass you by all the corners of law so that the pressure may make you to budge to accede to their cheap ideas.

laxmi kant joshi (instructor)     24 September 2013

Dear, judges knows all these tactics which such type of advocates knowingly adopt and used in their cases, move an application through your advocate raising highly objection on delaying &lingering The case deliberately .

rajiv_lodha (zz)     24 September 2013

1st push verbly & after 2-3 hearings, apply in writing. Sometimes judges are hurt if u poke them & he/she may harm u in 125.

stanley (Freedom)     24 September 2013

Originally posted by : Lord Ganesha

Dear Experts
My wife had filed a case u/s 125 for maintanence.haveing recorded all the statements and cross examinations from both sides, the lawyer of my wife is delberately delaying the arguements on the pretext of new instances. sometime his cliente (my wife ) is not here

File an application stating in-ordinate delays by the opposite party 

State the reasons by pointing out to the reasons wherein applications have been submitted stating that so and so person was not there which should form material records of the court 

or she is ill

point out to the application filed where in it is mentioned that she is ill as there should be a application stating that the same is not supported by any doctors certificate 

or her lawyer is not feeling well

Adjournment application should be there which should form material records of the court and if the application is not supported by a doctors certificate it should be objected 

or lawyer is not there etc

similarlly 

. All the evidences are in my favour and my case is very strong . I want to ask you is there any solution by which we can force the lawyer of my wife to argue in the court so that the final judgement could be delievered ???
Thanking u in advance.....

If oral submissions are being stated date over date objections are to be raised that where is the applications for the stated reason than and their by your lawyer 

 

Dont bother about the judge getting annoyed as stated by a few people over here . you are looking for justice hence so be it . accordingly the judge will take appropiate action .



(Guest)

Very balanced and articulated reply by stanley..


to add on his reply  only one line......."The Baby who don't cries will never get his milk until or unles his mother doesn't know when he get's hungry"

So,act like this where Baby represent's you and Mother is represented by judge.


All the best.


regards.

great india (manager)     25 September 2013

1.yup....this baby and milk concept is nice....i like it.....
2. my lawyer says " until you press the nose , the mouth wont open"

i.e. naak badlya shivay toond ughdat nahi.......!!!!!!

i am following it......

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query