One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Mr.X filed a property suit against Mr.Y and Mrs.Z (a senior citizen) in DD/MM/YYYY. The case has been ongoing for over five years, currently at the evidence stage where Mr.X as plaintiff must present his evidence. However, Mr.X’s counsel repeatedly seeks adjournments, causing unnecessary delays. Mrs.Z, being elderly, faces significant hardship due to the prolonged litigation. The defendants Mr.Y and Mrs.Z are frustrated with these delaying tactics and seek legal remedies to expedite or close the case. The property in question is located in Area X, and the repeated adjournments have caused mental stress and financial burden on the defendants who wish to resolve this matter quickly.

Advice in Such Cases

Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

File applications objecting to unnecessary adjournments and request the court to proceed with the case on merits. Maintain detailed records of all adjournment requests to demonstrate the pattern of delay. Consider filing for costs against the plaintiff for frivolous adjournment applications that waste court time and cause hardship to defendants.

Applicable Sections of Law

Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), Order XVII Rule 3 provides that if a plaintiff fails to produce evidence within prescribed time, the court may dismiss the suit. Order XIV of BNSS allows courts to fix time limits for evidence presentation. Order XXV Rule 1 provides special provisions for expediting cases involving senior citizens. Section 35 of BNSS empowers courts to award costs against parties causing unnecessary delays in proceedings.

If You Are the Complainant

• File written applications opposing each adjournment request with valid grounds
• Request the court to impose strict timelines for evidence completion
• Seek costs against the plaintiff for causing delays and harassment
• Apply for expedited hearing citing senior citizen defendant’s involvement
• Maintain detailed documentation of all delay tactics employed by plaintiff

If You Are the Victim

• Document all instances of deliberate delays and adjournment requests
• File application for dismissal of suit due to plaintiff’s failure to prosecute
• Request court to proceed ex-parte if plaintiff continues delaying tactics
• Apply for compensation for mental harassment and litigation costs incurred
• Seek transfer of case to fast-track court if available in your jurisdiction

How the Police Behave in Such Cases

Police involvement is generally not required in civil property disputes unless there are criminal elements involved. Civil courts handle property litigation matters independently. However, if there are threats or intimidation related to the case, police can provide protection. Courts may direct police assistance for property surveys or evidence collection when required during proceedings.

FAQs People Normally Have

Can the case be dismissed for delay? Yes, courts can dismiss suits for want of prosecution if plaintiff unreasonably delays evidence presentation.

Are there special provisions for senior citizens? Yes, courts are required to expedite cases involving senior citizen parties above 65 years of age.

Can we get compensation for delays? Courts can award costs and compensation against parties causing unnecessary delays in litigation.

What is the maximum time for evidence? Courts typically allow 90-180 days for evidence completion, though this varies by jurisdiction.

What Evidence Is Required?

• Court records showing pattern of adjournment requests by plaintiff
• Medical certificates if senior citizen defendant faces health issues due to stress
• Financial records showing costs incurred due to prolonged litigation
• Correspondence between parties regarding case delays
• Witness statements regarding harassment caused by litigation delays
• Legal precedents supporting dismissal for want of prosecution
• Documentation of defendant’s readiness to proceed with case

How Long Will the Investigation Take?

Civil property cases typically require 6-12 months for evidence completion once timeline is fixed by court. Applications for dismissal due to delay usually take 2-3 months for court decision. Fast-track procedures for senior citizen cases can reduce timelines by 30-50%. Courts generally provide 30-60 days notice before dismissing cases for want of prosecution.

Advocate Sudhir Rao, Supreme Court of India