Advocate delayed
7 months ago
I am the landlord, already holding decree of eviction against my tenant,have exhibited all the judgements in my favour to the learned court,have in argument stage,but at the heat of the final stage , tenant advocate files time petitions due to illness.I am confident that tenants lawyer have nothing to say only to delay our case.My question is how to stop this type of circumstances as our case is almost 12 years old.
A.Dear Client,
Speedy justice is a fundamental right and has also been reiterated by the Apex Court in a number of cases. Inordinate delay is unjustified and violates the fundamental right guaranteed under Article 21 of the Constitution of India. The Supreme Court in Hussainara Khatoon v. State of Bihar, Abdul Rahman Antulay v. R S Nayak held that the procedure that does not provide for speedy trial cannot be regarded as just, fair, and reasonable. Nonadherence to Section 89 CPC causes a delay in civil suits. Non-appearance of the parties: Another reason which leads to delay in civil cases is when the date and time are fixed for a matter and the parties do not turn up on the given date and time. The Court has to dispose off every case at the earliest. You may ask your Advocate to file an appropriate case in the High Court, which would help you for a direction to the lower Court for speedy disposal of the case.
Speedy justice is a fundamental right and has also been reiterated by the Apex Court in a number of cases. Inordinate delay is unjustified and violates the fundamental right guaranteed under Article 21 of the Constitution of India. The Supreme Court in Hussainara Khatoon v. State of Bihar, Abdul Rahman Antulay v. R S Nayak held that the procedure that does not provide for speedy trial cannot be regarded as just, fair, and reasonable. Nonadherence to Section 89 CPC causes a delay in civil suits. Non-appearance of the parties: Another reason which leads to delay in civil cases is when the date and time are fixed for a matter and the parties do not turn up on the given date and time. The Court has to dispose off every case at the earliest. You may ask your Advocate to file an appropriate case in the High Court, which would help you for a direction to the lower Court for speedy disposal of the case.
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