When the opposite party deliberately delays court proceedings, it can cause unnecessary hardship to the other party seeking justice. Indian law provides various remedies to counter such tactics and ensure a fair trial. If the opposite party is intentionally delaying the case, you can take several legal steps, including requesting the court to expedite the proceedings, filing an application for costs or penalties, and even approaching higher courts for relief.
In this detailed guide, we will cover:
- Common Tactics Used to Delay a Case
- Legal Remedies Against Deliberate Delays
- Relevant Legal Provisions to Prevent Delay
- Judicial Precedents on Delay Tactics
- Steps to Take When Facing Delay in Your Case
- FAQs on Deliberate Delays in Litigation
1. Common Tactics Used to Delay a Case
The opposite party may use various methods to stall court proceedings. Some of the most common tactics include:
A. Repeated Adjournments
- The opposite party frequently requests adjournments citing health issues, unavailability of their lawyer, or other excuses.
- Legal provision: Order XVII, Rule 1 of the CPC states that courts should not grant adjournments unless absolutely necessary.
B. Absence from Court Hearings
- The party fails to appear in court, causing unnecessary delays.
- Courts often grant multiple chances before proceeding ex parte (without hearing the absent party).
C. Filing Frivolous Applications
- The opposite party may file irrelevant or baseless applications (e.g., questioning jurisdiction, seeking additional documents, etc.) to delay proceedings.
- Example: In civil cases, parties sometimes file false property ownership claims to obstruct hearings.
D. Seeking Unnecessary Summons & Witnesses
- The delaying party may request multiple witnesses who are not relevant to the case.
- They may also seek repeated cross-examinations of the same witnesses.
E. Misuse of Stay Orders
- The opposite party may obtain stay orders from higher courts to halt proceedings in the trial court.
- Example: In property disputes, one party may approach the High Court to get a temporary stay.
F. Non-Cooperation in Evidence Submission
- Delaying submission of essential documents like sale deeds, contracts, or agreements.
- Example: In a cheque bounce case, the accused may refuse to provide financial records.
G. Delaying Execution of Orders
- Even after a court ruling, the opposite party may delay compliance by filing review petitions, appeals, or revisions.
2. Legal Remedies Against Deliberate Delays
If you suspect that the opposite party is deliberately delaying the case, you can take the following legal actions:
A. File an Application for Speedy Trial
- You can file an application requesting the court to speed up proceedings.
- The court may refuse unnecessary adjournments and conduct day-to-day hearings.
B. Request Ex-Parte Proceedings
- If the opposite party repeatedly remains absent from court, you can request the court to proceed ex parte (without hearing them).
- Legal provision: Order IX, Rule 6 of CPC allows the court to decide a case ex parte if one party is absent.
C. Oppose Unnecessary Adjournments
- Legal provision: Order XVII, Rule 1 of CPC limits adjournments and allows only three adjournments per party in civil cases.
D. File an Application for Costs/Penalty
- Courts can impose costs on the delaying party for causing unnecessary delay.
- Legal provision: Section 35B of CPC allows courts to impose monetary costs for adjournments.
E. Approach the High Court Under Article 227
- If the lower court is not taking action against delays, you can file a petition under Article 227 of the Constitution in the High Court for supervisory intervention.
F. Challenge Stay Orders
- If a stay order is being misused to delay proceedings, you can request the High Court or Supreme Court to vacate the stay.
G. Request for Case Transfer
- If the opposite party is delaying proceedings through local influence, you can file a transfer petition in the High Court or Supreme Court under Section 25 of CPC (for civil cases) or Section 406 of CrPC (for criminal cases).
3. Relevant Legal Provisions to Prevent Delay
Several provisions in the Civil Procedure Code (CPC), Criminal Procedure Code (CrPC), and other laws provide remedies against delay tactics.
| Legal Provision | Description |
|---|---|
| Order XVII, Rule 1 CPC | Limits adjournments to three per party. |
| Section 35B CPC | Imposes costs on the delaying party. |
| Order IX, Rule 6 CPC | Allows ex parte proceedings if the opposite party is absent. |
| Section 309 CrPC | Criminal trials must be conducted day-to-day. |
| Article 227 Constitution | Allows High Courts to intervene in delayed cases. |
| Section 25 CPC | Supreme Court can transfer cases in civil matters. |
| Section 406 CrPC | Supreme Court can transfer criminal cases. |
4. Judicial Precedents on Delay Tactics
Indian courts have repeatedly discouraged unjustified delays in litigation:
1. Salem Advocate Bar Association v. Union of India (2005)
- Held: Courts should not grant indiscriminate adjournments.
2. Hussain v. Union of India (2017)
- Held: Criminal cases should be decided within a reasonable timeframe.
3. Krishnan v. Krishnaveni (1997)
- Held: High Courts have supervisory power to intervene if a lower court is delaying the trial.
5. Steps to Take When Facing Delay in Your Case
If the opposite party is intentionally delaying the case, follow these steps:
- Object to Adjournments in Writing
- Submit a formal objection stating that the opposite party is deliberately delaying the case.
- Request Day-to-Day Hearings
- File an application for continuous hearings under Section 309 CrPC (for criminal cases) or Order XVII CPC (for civil cases).
- Seek Court-Imposed Costs
- Request the judge to impose monetary penalties on the delaying party.
- Request for Case Transfer (if needed)
- If local influence is suspected, apply for a transfer of the case.
- Approach the High Court (If Necessary)
- File a writ petition or Article 227 application if lower courts are not taking action.
6. FAQs on Deliberate Delays in Litigation
Q1: What if the opposite party keeps skipping hearings?
You can request the court to proceed ex parte under Order IX Rule 6 CPC or issue a bailable/non-bailable warrant in criminal cases.
Q2: Can I seek compensation for delays caused by the opposite party?
Yes, under Section 35B of CPC, courts can impose compensation costs.
Q3: What if my case is delayed due to a stay order?
You can approach the High Court or Supreme Court to get the stay vacated.
Q4: Can the court dismiss the delaying party’s case?
Yes, in some cases, courts may dismiss frivolous suits or strike off defenses.
Q5: How many adjournments are allowed in civil cases?
A maximum of three adjournments per party under Order XVII, Rule 1 CPC.
Conclusion
If the opposite party is intentionally delaying your case, you have multiple legal remedies to counteract their tactics. You can oppose adjournments, seek ex parte proceedings, request cost penalties, file for speedy hearings, and approach higher courts if necessary. Courts have taken a strong stance against frivolous delays, ensuring that justice is not denied due to procedural abuse.
Important: Kindly Refer New Corresponding Sections of Bharatiya Nyaya Sanhita 2023, (BNS); Bharatiya Nagarik Suraksha Sanhita 2023, (BNSS); & Bharatiya Sakshya Adhiniyam 2023, (BSA) for IPC; CrPC & IEA used in the article.
Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.
Adcocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304