Deliberate and repeated absences of the respondents at the court
I have filed a petition before the civil court for breach of contract and exclusivity, in a business contract.
We have filed the petition, the repondents have filed their objections and we have filed the rejoinder. On 1Oth February 2015, we have adressed the arguments of the petition before the Court.
Since May 2014 ( 1 year ), The matter has been called 18 times and 16 times the matter has been adjourned because the respondents asked time, or had inconveniences, or on strike,
And after the 10th of February, the respondents did not appear anymore to adress their objections in front of the judge.
I have asked that all legal costs be awared , as the prayer, in the petition, but the misconduct of the respondents is not acceptable .
What is the action to be taken to stop this and ensure the jugement ?
Asked 2 years ago in Civil Law from France
Query is repeated already replied wherein I have mentioned that your lawyer should press for payment of costs for further adjournments
Court can grant interim reliefs if defendant is absent
Trial can be proceeded with in his absence
We suggest that you should ask your advocate to make submission before the court thereby praying before the court that matter is being delayed by Respondent and because of that you are suffering.
If the court is still not deciding the matter then you file a writ petition under Article 226 of Indian Constitution thereby seeking directions from higher court to lower court to decide the matter.
Advocate, New Delhi
Everything is not in law but some of it is in court craft. Figure out who is the lawyer who enjoys the confidence of the Judge that your matter is posted with. If you can figure out the Judges mind then do ask the senior Lawyer who has standing in the particular court to appear and press for immediate hearing ex parte.
If any interim order subsists in favour of the respondents then do make a vacating application to vacate such interim order on grounds of lack wasting the courts time.
Pray to court for declare the respondent as Ex-party and start the ex-party evidence and after that pronounce Final Judgement
Advocate, New Delhi
1. The respondents cannot be accommodated till perpetuity by the court. The court has the power to close, either on its own motion or on the motion filed by you, the right to rebuttal and proceed to deliver the final judgment. Since the orders passed by the court are subject to challenge in the higher courts the lower courts normally give abundant opportunity to the parties to lead their case.
2. The final judgment would be subject to challenge in the higher court.
1. Before the lagal cost pray for ex-parte order on your petition which is your min contention,
2. Alongwith that prayer, you can also pray for costs but normally cost.
Hi, if the Respondent did not turn up for the argument request the court to post the matter for Judgement and once the matter is posted for Judgement the court or parties have no power to recall the same and court will bound to pass the judgement.