• Does joining party in civil case delay the process of disposal

We have joined as a party in existing case. The case is about to end means dispose. Will our step to joining party delay  case's disposal ?
Asked 1 year ago in Civil Law from Anand, Gujarat
1) it would naturally delay disposal of case 

2) you would file your written statement if you are the defendant in the case 

3) further you would lead evidence in support of your case .

4) cross examine the witnesses 

5) it would delay hearing and final disposal of the case 
Ajay Sethi
Advocate, Mumbai
23097 Answers
1212 Consultations
5.0 on 5.0
Yes, definitely, the court will disposed off your application first after given an opportunity to opposite party to file their reply and argue the matter on your application for joining the party in the case and after deciding your application for add the party the court may pass final order in the case and not before that.

Feel Free to Call 
Nadeem Qureshi
Advocate, New Delhi
3517 Answers
129 Consultations
4.9 on 5.0
1) basically writ petition has been filed . there is no evidence to be led in the case .

2) it would be decided on basis of pleadings . 

3) if there is flaw in appointment process the  recruitment process would be stayed of college teacher . 

4) final disposal of writ would depend upon pendency of cases in HC . 

5) dont make application for being added as party . it would delay final disposal 
Ajay Sethi
Advocate, Mumbai
23097 Answers
1212 Consultations
5.0 on 5.0
Hello,
1) Your joining party will not delay the disposal of the case in its entirety as far as the final disposal of the case is concerned.

2) However this will depend on what is the interest that prompted your joining party and if the court has/will look into additional concerns raised   
S J Mathew
Advocate, Mumbai
1949 Answers
65 Consultations
5.0 on 5.0
Hello,
1)It is but apparent that you need to be joining parties as your interests are at stake too.

2) If you are quite certain that the case is going to be finally disposed of within a month it is advisable that wait for the final disposal and appeal if necessary.
S J Mathew
Advocate, Mumbai
1949 Answers
65 Consultations
5.0 on 5.0
1. The HC will now hear your arguments before disposing the case. 

2. In the beginning you have said that you have joined, whereas subsequently you have stated that you are yet to join.

3. If the grievance is stay alone then the earlier order by the HC can be recalled on your application, but this will have to be preceded by your impleadment as a party to the case. 
Ashish Davessar
Advocate, Jaipur
18055 Answers
445 Consultations
5.0 on 5.0
1.Joining of parties as Applicants to some extent delays the final disposal of the case since the the opposite parties will respond to their such joining by filing application against such joining of parties,

2. However, if required you should joint the suit for the ends of justice.
Krishna Kishore Ganguly
Advocate, Kolkata
12028 Answers
227 Consultations
5.0 on 5.0
1. You do not know  what will be the outcome of the main case,

2. You should join as a party to vacate the stay order on the entire recruitment process.
Krishna Kishore Ganguly
Advocate, Kolkata
12028 Answers
227 Consultations
5.0 on 5.0
Definitely the joining of new party delay the case. if any of the application comes court normally give opportunity for filing counter to the other  parties oin the suit and hear the application of new join party.Even though the court can dispose the case after hearing with in immediate effect. 
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
We have joined as a party in existing case. The case is about to end means dispose. Will our step to joining party delay  case's disposal ?
Yes, depending the nature of inclusion that party also may contest the case from the beginning, hence the delay is likely to be caused.



Should we go for case as joining party or it will delay entire process of main case ? Actually Main case is about to end in month.
If you apprehend the danger of further delay, it would be better to not  to initiate any such process and if you find the benefits are more by impleading parties, you may decide accordingly. 
T Kalaiselvan
Advocate, Vellore
13910 Answers
127 Consultations
5.0 on 5.0
it will be better to file a writ petition before High court under article 226 of Constitution of India or file SLP against the High Court order Before Supreme Court.

Feel Free to Call
Nadeem Qureshi
Advocate, New Delhi
3517 Answers
129 Consultations
4.9 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Civil Lawyers

T Kalaiselvan
Advocate, Vellore
13910 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23097 Answers
1212 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18055 Answers
445 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12028 Answers
227 Consultations
5.0 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3517 Answers
129 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
424 Answers
15 Consultations
4.7 on 5.0
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2706 Answers
41 Consultations
4.9 on 5.0
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0