• Legal Provision to expedite Court Case Hearing Dates for Senior Citizen widow woman !!!

My friends mother is fighting a civil case since 2018 and during this on going case she even lost her husband as well as she is senior citizen heart patient women. Her case is going on and she has all relevant documents to prove ownership of the property but still hearing dates are put after one and half months etc as her case in under Civil Judge(junior division). 

Another known person of ours has case going on under Civil Judge (Senior Division) and hearing dates happen after every 15 days approx. My questions are :-

1> Is there legal provision to shift civil case from junior division to senior division to expedite hearing dates.

2> Is there any legal provision in law in which a widow senior citizen can request the judge to expedite hearing dates after knowing her health and mental condition because many times the lawyers of another party intentionally delay hearing dates and keep on taking dates because they have no evidence to show in the court and here the innocent right people suffer.

The court case hearing process is at "Plaintiff Evidence" and they have showed all relevant documents to the Judge and Judge has directed another party lawyer to cross examine the plaintiff but still the another party is intentionally delaying the hearing dates since months.

3> What can a person seek legal help from the court for the harassment they faced if they used to stay as in Delhi and had to come specially to Chandigarh to attend the hearing dates and the other party lawyer used to conveniently take next month dates every time as other party resides in Chandigarh and do not have to spend a penny in travelling etc unlike the plaintiff.

4> As this is clear misuse of Law and mental as well as huge financially and heath harassment is being faced by the old senior citizen plaintiff, then what kind of compensation can she seek in all this above stated facts in the Court of Law now or after the plaintiff wins this civil case against the other party ?

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Asked 8 months ago in Civil Law

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11 Answers

Senior citizen cna make application to court for expedited hearing of the case as she is a senior citizen 

 

2) seek imposition of costs for adjournments 

 

3) mention that you have to come all, way from Delhi to Chandigarh for dates and hence costs should be imposed and short dates be given 

Ajay Sethi
Advocate, Mumbai
79294 Answers
4742 Consultations

5.0 on 5.0

There is a high court directive to give speedy and early hearing to senior citizens. 

Prashant Nayak
Advocate, Mumbai
22417 Answers
49 Consultations

4.4 on 5.0

1. There is no such provision.

2. As per usual practice in many states the courts do give preference of dates to senior citizens and hence  you can apply the same to the court for shorter date.

3. The senior citizen on the ground of his age can apply for transfer of the suit to his place of residence.

4. There is no scope for compensation to be paid to the defendant only because the suit was harassing or was later dismissed.

Another way to file revision in high court article 227 of the constitution of India for expediting the trial.

Devajyoti Barman
Advocate, Kolkata
21680 Answers
311 Consultations

5.0 on 5.0

1. There is no provision for that.

The case is posted with this court based on the pecuniary jurisdiction.

2. If the opposite party is unnecessarily dragging on the case or causing inordinate delay, she may make a representation in the open court about this and explain court her plight with a request for expeditious trial as per law.

3. Since the plaintiff has filed the case within the geographical jurisdiction, ther is no excuse for her in this regard, she should be happy that she is not being troubled with very frequent dates of hearing otherwise she may have to travel very frequently to Chandigarh all the way from Delhi.

4. No compensation can be claimed except for the relief for which she has approached the court.

 

T Kalaiselvan
Advocate, Vellore
69328 Answers
929 Consultations

5.0 on 5.0

1. Yes she can make application for change of court and fast trail of case on ground of her age. 

2. She should appear for personal hearing on every date if possible and request judge to give shortest date possible. 

3. In this case advocate of that lady have to take a strong stand for fast disposal of case and try that defendant advocate doesn't take date on fake reasons. 

4. At Time of final arguments her advocate should also pray in court that petition should be allowed with compensation and legal charges.

Mohit Kapoor
Advocate, Rohtak
10685 Answers
7 Consultations

5.0 on 5.0

No there is no such provision.

File an application in the high court under article 227 for expeditious hearing of the case.

The high court should be informed about the problem and it wille ensure that the case is listed every few days and is decided within the next 6 months.

Rahul Mishra
Advocate, Lucknow
11560 Answers
20 Consultations

5.0 on 5.0

Your advocate will sluggish. Tel him to push for short dates. If other court is granting short dates dosent mean, your case will treat in same way. Facts of cases matters.

Under trail case cannot transfer to higher court.

She can file writ in high court for directions of speedy trail in time bound manner.

They can demand imposition of cost if other party seeks adjournment.

No compensation in civil suits except litigation cost whci is not much. .

Yogendra Singh Rajawat
Advocate, Jaipur
21402 Answers
31 Consultations

4.4 on 5.0

1. No 

2. The right to Speedy Trial by a Senior Citizen is implicit in article 14, 19(1) (a) and 21 of the constitution , and also in the Civil Procedure Code. 

- Her lawyer should move an application for speedy trial before the court on the ground of Senior citizen ,and health issues.

- Further , on rejection the said application , she should move an application before the Higher court for obtaining an order for the direction to the said trial court for deciding the said case on urgent basis. 

3. On the ground of senior citizen and medical , her case can be transferred at the appropriate court ,suitable for her reach. 

4. No provision for compensation in India. 

Mohammed Shahzad
Advocate, Delhi
5531 Answers
51 Consultations

5.0 on 5.0

Senior citizen can make an application to court for expedited hearing dates.

She has to approach the court for relief and mental harrasment.

Mohammed Mujeeb
Advocate, Hyderabad
18935 Answers
11 Consultations

4.5 on 5.0

1. Transfer of case from Junior Division to Senior Division will not expedite it. 

2. The remedy is to file a petition in the High Court to direct the trial court to decide the case in a time bound manner.

Ashish Davessar
Advocate, Jaipur
29956 Answers
864 Consultations

5.0 on 5.0

hello

1.you can move an application at Punjab and Haryana high court for fast track trial because of her age and poor health condition.

2. Delay tactics can be highlighted to the present Judge.

3. If you want the case to be transferred to senior division. you can file an application to session judge but I feel moving to high court for request of fast track trial will be better option for her.

 

4. Compensation for mental and physical harrasment can be demanded at the time of final arguments. Make sure your arguments in writing  and do mention these points in writing as well.

 

 

Nitin Jaspal
Advocate, Gurgaon
36 Answers

5.0 on 5.0

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