Dear Sir, once the arguments were heard from both the sides and the order was awaiting on it, then the court must have ordered so- that arguments heard on the application and order reserved. By the help of that order kindly file an IA for not proceeding with further arguments as the order has been reserved. Say that the new order saying application is put up for arguments has been mistakenly pronounced in the new order.
Judge not announced decision, put up for argument again
I had moved an application for getting signatures of testator examined through handwriting expert in court at alwar. Other party objected and gave written reply. Arguments were heard from both parties.Judge fixed up next date for Order. However court did not announce decision and postponed twice. On third occasion opposite party changed their lawyer. Judge did not announce decision but wrote in file argument on my application to be heard on next hearing. Conduct of reader of judge has always been of collusion with other party. Other party want to delay case as much as possible and can easily bribe anyone. I dont know what happened. My lawyer tells me when he went in morning reader said come at 4 pm. He remained under false impression that decision will be announced at 4 pm. When he went at 4 pm judge was not there. Reader told him next date has been fixed for hearing arguments again.he checked file and found other party has changed their lawyer ,submitted new vakaalatnaama .Judge had written in file-put up for arguments on my applications on next date. My vakil is in fix. He says we can not do anything now till next hearing. But i feel his stand is is not correct. Can he give some Urgent application in court that arguments have been heard and need not be heard again and decision to be announced on next date. Is there any such rule/order in CPC. What are options available with us ? i can't say why such thing was done ? Whether reader misled judge or something else . Kindly advise.
Asked 5 years ago in Civil Law
11 Answers
Hi,
Whatever be the reason, you may file application for early hearing if date given is long.
on next date of hearing your lawyer can draw attention of court that matter has been argued at length placed for orders
2) however if court wants to rehear the arguments your lawyer has to argue the case again
you can transfer your case in other bench in same court through transfer petition .
Dear Client,
What your advocate is doing, didn`t he objected to the court for fixing next date for re argument on application, such practice dose allow in court without reasoned order.
Your advocate can complain to District Judge or can write to the high court affixing copies or order sheet.
He can object on next date that argument already done, if court wants fresh argument than assign the cogent reason in order.
Dear,
It's totally depends on your lawyer, why he didn't raise any objection that time.
You have order sheet of that order then ask your lawyer to raise application in
front of dj.
If court wants to hear again then, court have to mention reason for this.
Please note that application can be filed under section 151 CPC to advance the case and to argue the matter again at earliest. The judge might want to get some clarification before passing any order as such they have kept it for argument. If you do urgency chances of order going against you is more as such wait till next date and ask your lawyer to be present to argue the matter.
Approach the High Court to get this expedited.
The judge is well within his right to post the matter for further arguments.
Dear client
The reader didnot misled you the judge has the discretion to hear the arguments again if requested by the opposite counsel. Argue ur case again or file your written arguments thru counsel and leave. He would hv no option but to order.
Adv vikas
The parties have rights to reopen the case for any specific purpose and their reason should be convincingly justified.
There is a provision in law to reopen the case even before the judgement is pronounced.
You may better watch the business transacted in the court on that date of next hearing
Hello,
the argument can be heard again at the will of the court and there is no legal impediment in the same. However, if you think that there happens to be some malafide in the same then move an application for transfer of the case to some other judge so that the same can be heard without any bias.
Regards
