How litigants are also responsible for delays and adjournments in case

First date of every case.

These first few dates are very crucial.

Here, Courts have discretion

(1) to grant stay order without hearing opposite side, or

2) Or to Just issue notice to other side and grant stay only after hearing

3) Or, to grant a stay only for 10 to 15 days and issue notice to other side why stay should not be continued till further orders.

1) In first case, where petitioner has got stay order without notice to other side, the petitioner will ask his advocate to delay case as much possible so that other side cannot vacate stay.

2) Where Court have issued notice to other side to ask why stay should not be granted, then respondents will ask their advocate to delay matter as much as possible so that petitioner do not get stay order.

3) When court has given only limited stay for ten days and asked other side to say why stay should not continue then, in such cases, Time is usually so short time that other side has to ask for time, and then court continues stay order till replies and counter replies are filed and till further order. Then the petitioner asks his advocate to delay matter as much as possible.

PRACTICE COURTS IN FOREGN COUNTRIES

I heard, that in some countries, there is practice that if a party is asking for stay, he has to file and undertaking that if other side suffers any loss due to stay, I will pay up as per direction of court.

In such cases, if court finds that, wrong stay is obtained, or if too many adjournments are made, it will ask party to pay damages to other party.

The reforms in this direction may make judiciary more effective.


Haresh Raichura
23/2/2013