Hello,. I am a defendant in one Civil case of Specific Performance related to land deal, I've hired one local lawyer, plaintiff had prayed for permanent injunction in selling land, their case is weak and they're highly unlikely to get injunction. The hearing on injunction application is going on since last 8 months and 7 hearings. On every date when I ask my lawyer on what happened, he says other party has asked for adjournment as they are not ready with the case. When I ask my lawyer to request Judge not to give more adjournment, my lawyer said he requested but Judge is saying that, you are not prosecution they are the prosecution and case will go on whenever they are ready! I doubt about integrity of my lawyer, I think he's in collusion with the plaintiff dragging the case unnecessary as they know they are weak. I know about Rule 1, 2 and 3 of Order XVII of Code of Civil Procedure 1908, where courts can't grant more than 3 adjournment during a case. My question is how do I enforce this rule? How do I verify integrity of my lawyer? Is this normal for courts to give adjournments with no regards to above rules? What other remedies I have? Thank you.
Your lawyer should insist that plaintiffs pay costs for adjournment
2) court would direct plaintiffs to pay costs if they want adjournment
3) courts generally do not grant 8 dates for hearing of application
4) you can consult another local lawyer practising in trial court
though there is Order XVII, courts normally adjourned the matter more than what stated in the Order. It does not indicate your lawyer has colluded with other party. On next date file an application under Order XVII seeking dismissal of suit. This way you can force the Court to pass appropriate order.
Generally the courts do not allow so much of time for the disposal or filing of objection to the injunction application.
If the other side advocate strongly objects the delaying tactics of the prosecution advocate, the court will consider the objection and may not allow further time.
You can ask your advocate to file a memo to record your objection for this intentional delay.
Dear client I am sorry to hear that but in this case the court can give as many date as it seems fit for the court to serve the justice
- As per law, the court is under obligation to dispose off the 39R1 I& 2 application on the priority basis ,and generally the court passed its order on very next date of maximum 2 to 3 dates
- Further, if the plaintiff has filed its application for interim order then he will try to take stay over the suit property without waiting for further proceedings.
- If you having doubt over the lawyer , then you can replace him after informing him
- Further, you can also move a application before the same court for an early disposal of the case .
Courts can give adjournment only by recording reasons
There is no way to find out integrity it's matter of trust. If not then you need to change the lawyer
Thank you all for your replies. Can I ask the court to award me cost on every adjourned? Is there a way I can check with court records whether my lawyer attended the hearing?
You can seek costs if adjournment is granted on request of plaintiff
The court will see the circumstances and may post the matter as last chance if the opposite party is adopting delaying tactics.
If it is being intentionally dragged on then the court may even close the stage and post the matter for next step.
If the petitioner who has filed the interim relief petition and not interested in prosecuting the same, then the court may decide to even dismiss the same, if the opponent is delaying it unnecessarily despite giving sufficient chances, the court may proceed to dispose the IA on merits.
If you insist on cost to be imposed for the adjournment given by court, it may consider your request especially when the court feels that the opponent is intentionally delaying the case.
Instead of checking the court diary, you can visit the court on all the dates of hearing and if you suspect the integrity of your lawyer, nothing prevents you from changing the lawyer.
Yes, you may ask the court to award you costs for every adjournment if you feel that the adjournments were caused due to the other party or their lawyer's delay or misconduct. The court has the discretion to award costs in such situations, but it will depend on the specific facts and circumstances of your case. You may want to discuss this with your lawyer and request them to make a plea for costs on every adjournment in court.
Regarding checking court records, you can request your lawyer to provide you with a copy of the court attendance sheet for each hearing. This sheet will typically have the details of the lawyers and parties present in court on that day. You can also request your lawyer to provide you with updates after each hearing, including whether they attended the hearing and what transpired in court. If you have any doubts or concerns about your lawyer's attendance, you can discuss it with them and seek clarification.
Yes you can seek heavy cost from other side