• Judge not proceeding with the case

A person named Mr.X has filed a case against me and 10 other joint owners of our property. Mr.X claims that he is the owner and in possession of the open land. He has asked for temporary and permanent injunction. He has no ownership papers at all. He has filed this case to harrass us to extort money. He knows that if he delays the matter our property will continue to have a dispute tag and hence will not sell.

He filed a case in March 2014. Till today that is 18 months on he has not served notice to some of the parties. We are claiming before the judge to proceed with the matter. Judge says that since notice not served to all he cannot proceed. Mr.X is doing this intentionally by not serving the notice.

Can we file complaint against judge or any other remedy available to us? Pls guide.
Asked 1 year ago in Civil Law from Nagpur, Maharashtra
1) you cannot file complaint against the judge 

2) he is merely doing his duty 

3) if MR X does not have any case  it would be dismissed . 

4) if no stay order has been granted you are free to sell your property 

5) if writ of summons have not been served upon defendants suit would be dismissed 

Order V Rule 1(1) of the C.P.C., which runs thus:

"1. Summons - (1) When a suit has been duly instituted, a summons may be issued to the defendant to appear and answer the claim and to file the written statement of his defence, if anywithin thirty days from the date of service of summons on that defendant:

A suit may be dismissed for want of service of the writ of summons under Order IX Rule 2 of the CPC which runs thus:

"2. Dismissal of suit where summons not served in consequence of plaintiff's failure to pay costs. - Where on the day so fixed it is found that the summons has not been served upon the defendant in consequence of the failure of the plaintiff to pay the Court-fee or postal charges, if any, chargeable for such service, or failure to present copies of the plaint as required by rule 9 of Order VII, the Court may make an order that the suit be dismissed:

6) court an dismiss suit of the plaintiff if he fails to serve the defendants 
Ajay Sethi
Advocate, Mumbai
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There is nothing that you can do against the judge on such processes.  The court has to follow the procedures as per law. If the plaintiff is unnecessarily dragging on the case intentionally to harass others, an application may be filed under order 7 rule 11to reject the plaint for the reasons that the plaintiff has not produced any relevant paper to prove his title nor he has shown any interest in prosecuting the case. There is no fault of judge in this, if  you are aggrieved you can take steps seeking relief and remedy before court accordingly as per law. 
T Kalaiselvan
Advocate, Vellore
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If he has not served the notice then his case deserves to be thrown out. You can move the High Court to expedite the hearing of the case. No complaint lies against the judge.
Ashish Davessar
Advocate, Jaipur
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449 Consultations
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