• Non-filing of reply on 3 continuous dates

Me file cwp in 2018 in panjab and haryana high court judge issue notice to opposite party they recieve it but they dnt appear in court on three consicutive dates niether they filing reply judge give date 6month later i am in deep trouble what can be done can hearing be sechudled earlier
Asked 5 years ago in Civil Law

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14 Answers

what is the urgency?

 

for early hearing you have to make out a case for urgency 

Ajay Sethi
Advocate, Mumbai
94778 Answers
7546 Consultations

5.0 on 5.0

1. This is quite common phenomenon in courts in India due to heavy backlog and hence there is nothing to panic.

2. Ask your advocate to mention the matter before the Judge. You can consider talking to the Court Officer as on many occasions pursuing with them makes the matter listed in court for hearing.\

Devajyoti Barman
Advocate, Kolkata
22835 Answers
490 Consultations

5.0 on 5.0

In this scenario if they do not file the reply on the next date then vigorously oppose any further time to be granted. This is the maximum that can be done. 

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Counter affidavit should be filed within the time given by the court. The opposite parties most of the times try to delay the matter and therefore the writ petition becomes irrelevant. An application fir early hearing and expeditious disposal should be filed before the concerned court. 

Regards 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

It is incapability of your lawyer, if party dose not appear in court once notice served, court passes ex parte order. Change Lawyer.

Yogendra Singh Rajawat
Advocate, Jaipur
22648 Answers
31 Consultations

4.4 on 5.0

Yes file an additional affidavit praying early hearing on the genuine need and attach the documents also.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

1) Kindly arrange summons to resend them or you can get order from high court.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

Move an application for early disposal of your case. 

If there's a interim relief application pending in the court, request the court to dispose off the same at the earliest.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

File a notice of motion for early hearing and disallowing the other party from filing its written say and to proceed without his say/reply. If reply is being allowed then seek cost 

Yusuf Rampurawala
Advocate, Mumbai
7517 Answers
79 Consultations

5.0 on 5.0

Ask the court to impose cost and try the same exparte

Prashant Nayak
Advocate, Mumbai
31954 Answers
180 Consultations

4.1 on 5.0

  1. As per the information mentioned in the present query, makes it clear that the other party has been lingering out the procedure of law to harass you for sure.
  2. You should make a request before the judge for closing the right of the other side to file the reply or otherwise impose heavy cost on them.
  3. I advice you to move an application for early hearing, seeking/ showing immediate urgency in your case and direction for them to file the reply before the next date of hearing as otherwise again on next date of hearing the other party would come and seek last opportunity to file the reply which would take another date.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

This is court management by which the judge had given the next date based on the nature of case, circumstances and the burden before him, hence you may not be able to do anything about it especially you cannot bring the opponent to court within that period and can get any relief because the process of filing hearing advance, sending summons to opponent again, hearing both the sides, will take the same time or even beyond that, hence it is better that you wait.

T Kalaiselvan
Advocate, Vellore
84979 Answers
2204 Consultations

5.0 on 5.0

You can file a CM application for preponing the case.

You dont have a interm relief prayer in your CWP ? You must have one in order to get a temporary relief which a judge can grant only if it is asked in the petition. 

Abhishek Sharma

Abhishek Sharma
Advocate, Chandigarh
128 Answers
2 Consultations

5.0 on 5.0

A miscellaneous application can be filed in main matter before the court seeking early hearing of matter  posted 6 months on the ground of urgency.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

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