Respondent not coming from past two years
2 years ago
Respondent not coming from past two years. My advocate is not saying anything to judge, only charging money and take next hearing date. Any other option I can say anything to judge or anything else where respondent can come or case gets dismissed.
A.Dear Sir,
The Court cases have to be disposed of within maximum period of two years as per following circular. Ask your advocate to file application before the Court by enclosing following circular.
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You have to rely upon various circulars which says it should be closed within 12 months. You can move an application before the same court as per following circular or approach the High Court for time bound disposal
Karnataka Case Flow Management Rules
The said circular bears No. LAW 294 LAC 2005 dated 18.03.2006 issued by Law, Justice and Human Rights Secretariat, Government of Karnataka, Bengaluru
SIMILAR RULES ARE FRAMED BY ALL THE HIGH COURTS
the Karnataka High Court has launched the Case Flow Management system.
The Karnataka (Case Flow Management in Subordinate Courts) Rules 2005, as it is called, was gazetted by the State Government almost two years ago. Subsequently, the High Court framed the rules applicable to all suits and civil proceedings before the subordinate civil courts and tribunals.
It divides cases into four tracks.
Disposal in 9 months:
In Track 1 the High court has included suits on maintenance, child custody, appointment of guardians and wards, visiting rights, letters of administration, succession certificate, recovery of rent and permanent injunction. All cases under this category will have to be disposed of within nine months.
Disposal in 12 months:
In Track 2, cases on execution, divorce and ejectment will have to be disposed of within 12 months.
Disposal in 24 months:
Cases to be disposed in 24 months relate to partition, declaration, specific performance, possession, mandatory injunction, appeals, damages, easements, trade marks, copy rights, patents and intellectual property rights.
Disposal in 24 months:
Cases that are not in any of the three categories are included in the fourth category and they too have to be disposed of in 24 months. The presiding officer, however, has the right to dispose of the case earlier.
The rules prescribe a mandatory time limit for various court procedures such as issue of summons/notices. Proceedings shall indicate a maximum of 30 days for filing statement or objection from the date of service.
The procedures for IAs and interim orders and reference to mediation, conciliation or Lok Adalat, appointment of commissioners for recording of evidence, proceedings for perjury, adjournment and even first appeals have also been spelt out.
ARSHAD ALI ZAIDI ADVOCATE
Responded 2 years ago
A.Your question is incomplete, due to which the opposition party is not coming, you have not even written it, please see on file for what reason the opposition is not coming. Is the opposition still alive or not? If the opponent is deliberately not appearing in the court, then you can get a warrant issued against him.
Under order 9 rule 6 of CPC, 1908 if the defendant does not appear before the court despite the service of summons the court can grant an Ex-parte order. For this, you have to prove that the summons was duly served on the respondent/defendant. Ask your lawyers to pray for an ex-parte order or take NOC from the lawyer and appoint a new lawyer.
Thank you