1. Yes it is possible that the case remains pending if none of the parties have perused the case.
2. What is the appeal no. pending before the HC
3. Yes a supplementary cross objection can be filed.
regards
Change of cross objection
My father met with an accident in 1991 in Uttar Pradesh. The lower court/tribunal gave some financial award under motor vehicle act in 2001.The insurance company filed an appeal in High Court. Our lawyer filed something called cross objection in 2001. Since then, nothing has happened in the case (no hearing either). - Is it possible that the High Court (@ Allahabad) was just sitting on the case for so long? - If we want to change the "cross objection" now or add something to it, can it be done. Thanks, Abhishek
Asked 7 years ago in Civil Law
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11 Answers
You need to mention the matter and get it listed. Then with leave if the court you can file the same
your advocate may mention the matter before the concerned bench and request for the matter to be listed.
File a civil application for taking up matter for hearing. Further affidavit can be filed for adding up in cross objection.
1) HC are overburdened with vases
2) cases take 20 years to be disposed of
3) you can make application for amendment of your objections
Dear client,
Your case may be went under due course. File application of early hearing and amedment in cross objection to add changes.
Thanks a lot for your guidance. Could you please help me with the following as well: I would like to get a copy of the entire case file. This means, I want a copy of the petition that my father filed, the responses from the opponents, copy of statements given by all, copy of all the documents submitted or taken on record by all. How to do the same? Will all these documents be available in the High Court or should we approach the lower court to get these. If there are any lawyers, who can help me get the copy, kindly do let me know and the charges that I need to pay. The case pertains to Allahabad High Court/Shahjahanpur lower court. Regards
Asked 7 years ago
File an application for certified copy of all.document in the copying department of lower court and further you need to pay copying fee which around 6 rs. Per page.
1) you can make application and obtain certified copy of entire case file
2) you can contact any local lawyer practising in trial court
It may be a counter filed to their appeal or it may be even a cross appeal.
However you may be in touch with your advocate on further issues.
Your advocate will be knowing the current status of the case.
Your own lawyer will be having the copies.
However if you do not want to approach your lawyer then your father may file a copy application directly before the lower court and obtain the copies of all the desired documents by himself without having to depend on any advocate.
May be file summoned by HC, apply for certify copy of complete file.