Tips To Expedite Your Civil Suit

At the time of filing the Suit before the Court of Law, you must ask your advocate to mention your mobile number in the “Check List” or “Case Information Form” so that you can receive updates from the Court administration regarding your case. This will enable you to keep a track on your date of hearings before court (Check List/Case Information Form is a format which is attached with the Suit wherein all details in respect to Plaintiff and the Defendant are mentioned for example name, address, telephone number, email, nature of case etc.)

2. Do not insist your advocate to file unnecessary applications after filing of the Suit as it is likely to delay your case because if you file an application, the liberty will be given to the Opposite Party for filing reply to the said application and thereafter arguments will be heard by the court and order will be passed on the said application accordingly. Trust your advocate as he is legally versed with the law and will file appropriate application, if required in your case.

3. Never take an adjournment in the case unless and until, it is unavoidable. If, your advocate is in a difficulty to appear before the court on any specific date of hearing, you can ask your advocate to arrange his/her colleague advocate to appear before the Court in your matter so that unnecessary adjournment in the case is avoided from your side. You can also personally attend the court and take permission from the court to appear in person. Many a times, the court hearing is fixed for miscellaneous purposes i.e. supply of copies/documents etc. which can easily be managed by you. This will save time and expedite your case.

4. Always ask your advocate for taking a shorter date, though your advocate can only request the court for a shorter date. Mostly, the dates are given as per roaster of the concerned courts. However, on a request, courts usually accommodate and give shorter dates. In case, you are a senior citizen, then you should file your case in the category of senior citizens. Preference is given to senior citizen cases and courts have been directed to list senior citizen cases separately and the cases of senior citizens are heard on shorter dates.

5. Request to the court for recording of evidence before “Local Commissioner”. (Local Commissioner is a person appointed by the Court for recording of evidences). This will expedite your case as the evidence is recorded before Local Commissioner and not before the concerned court. The dates given by the Local Commissioner are usually short, to be precise in a gap of 4 to 6 days and usually, evidence gets recorded within 3 to 4 dates of hearings. Now a days, the courts are also inclined to appoint Local Commissioner for recording evidences as it reduces the work load of the courts. However, the appointment of Local Commissioner is going to cost you approximately Rs.5,000/- to Rs.7,000/- per hearing on account of Local Commissioner’s fee.

6. It is often observed in few cases, that the Opposite Party/Defendant is in habit of taking adjournments in the case on one pretext or the other. The same is done deliberately so as to delay the case. In that case, you have to be vigilant and appraise your advocate from time to time about the previous hearings/occasions when the Opposite Party had taken adjournments so that your advocate can object to unwanted adjournments sought by the Defendant and bring the same in the knowledge of the concerned Court. Though, the advocates being professionals are aware about the proceedings and the orders but there is no harm to discuss the issue with your advocate before the date of hearing so that your advocate can strategies accordingly.

7. On the date of hearing when the Defendant/Opposite Party appear for the first time, you can request the court for referring your case for mediation to explore possibilities of settlement. In case, a settlement is arrived, you will definitely save time and money.

The above information is to impart awareness and no part of this should be construed as providing legal advice for any purpose.

Vikram Kumar

Advocate