• Civil misc case pending in ADJ Court for more than 22 years

Dear Sirs,
Greetings!

I would like to take an expert opinion on below detailed 'Hit & Run' case pending in ADJ Court of Moradabad (U.P.) for more than 22 years:-

My father was a Senior Official in R.T. Office, Rampur (U.P.).
*Rampur (U.P.) is approx. 30 kms. from Moradabad (U.P.) and my father used to travel from my home in Moradabad (U.P.) to office in Rampur (U.P.) through Bus.

One evening in December 1995, he had an argument with a private bus owner (a goon of that time) regarding his permit/dues etc. (as was told to us after his death).
That evening he was given a lift by RTO or ARTO (don't remember exactly) of that time in his jeep, for travel back to Moradabad (U.P.), who dropped my father to a little distance away from Bus Stand where my father's scooter was parked. (I am not sure if that was just an incidence or a conspiracy, since RTO/ARTO could drop him till Bus Stand which was only half a km. away.

My father took a rickshaw from the dropped place to Bus Stand to pick his parked scooter.
In this transit, he was hit by a private bus, my father fell down and had major brain injuries and died on the spot.

We filed a case in January 1996 in ADJ court of Moradabad (U.P.).
We were told that the bus belongs to a goon of Bilari, a small town close to Moradabad (U.P.) and the bus did not have any insurance so we will have to file it against the owner and driver.

From that time till today (2017), its been 22 years of my life following up for this case (I was 12 yrs. when I started and now 34 yrs.) and the case is still pending with ADJ court in Moradabad (U.P.)

I have changed few lawyers in this period assuming that the goon settles them to cause delay.
But none of them is able to close the case till date.

The case has been given 'Degree' twice but somehow that goon is able to get the file back in court every time. I have been told that the goon has a salaried lawyer working in Moradabad court to handle all his cases.

There were many moments in these 22 years when I had given up.
But the thought of in-justice to my father gives me high to pursue it till I get it sorted, no matter to what level I have to go.

Please suggest a practical way to sort out this. Thank you.
Asked 8 years ago in Civil Law

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6 Answers

1) file writ petition in HC to direct district court to pass orders within stipulated period ie 6 months or so

2) since court case is pending in district court for 22 years HC would expedite hearing and final disposal of case

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

It appears you or your lawyer did not do enough to expedite the case.

Anyway now the only option for speedy trial is to file a Revisional Application in High Court and get an order for trial in a time bound manner.

In such revisional cases the high court directs the trial court to complete the trial within a specific time.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

1. you should file an expedite application before the high court.

2. bring this case in the notice of high court. the high court has special power to give direction to the trial court to dispose of the case within stipulated time period.

3. thereafter no unnecessary adjournment shall be granted by the trial court and it shall be decided within the time directed by the court.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

There cannot be such an inordinate delay in finalising the MACT case when you have produced all the documentary evidences.

There is a conspiracy hatched with the support of your own lawyers hence the case is not getting finalised.

The goon cannot drag on the caase for such long years and the court also cannot turn a blind eye to the long pending case.

Even now you can approach high court seeking direction to the lower court for an expeditious trial.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

If you are aware or in the knowledge of filing this petition seeking direction of high court for expeditious trial of the case pending in the lower court, you may proceed or else take the help of a lawyer practicing in high court. The lawyer's fee and the incidentals may be enquired locally.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You have to contact local lawyer in Allahabad for filing writ petition

2) litigation fees depend upon layer engaged by you

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

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