Why is the date on the date in the case? That is, why does it take years to decide the case?


Greetings friends,

In today’s article, we are going to tell you all that Why is the date on the date in the case? That is, why does it take years to decide the case?

This question will be in the mind of all of you, because you must have heard this question many times in Hindi films or from the mouth of a person, that the date is not being decided in the case.

So let’s know what is the main reason behind putting the date on the date?

Before knowing this we need to know that How does a case start?

We will talk about when do civil litigations start?

Most civil litigation begins with the possession or distribution of immovable property. A lawsuit is always filed on behalf of the party that is aggrieved. There are two parties in every lawsuit.

  1. Plaintiff – One who files suit.
  2. Respondent – Against whom suit is filed.

A suit is filed by the plaintiff in the court having jurisdiction over the property by appointing an advocate for relief.

To file a suit, the plaint and other suit-related documents have to be filed in the office of the court in which the suit is to be filed, and the file is brought to the court room by the office’s babu at the prescribed time.

On being called, the plaintiff’s advocate makes his point before the judge. After the plaintiff’s advocate has made his tax, the judge pronounces the order, in which he orders the notice to be sent to the defendant.

From then onwards, the date starts in the case.

A date ;- takes for the issue of notice.

Summons are sent by the court to the respondent / defendants related to the suit. In the summons, the information related to the suit and a copy of the plaint is attached. The summons stipulates a specified date by which the defendant has to file a written counterclaim in the court for his defence.

The defendant has to appear before the court within 30 days of the issue of summons.

A date – is taken by the defendant’s counsel.

After the suit is filed, the court summons the defendant to appear for defense in his favor, to file a written reply. For this, the defendant appoints a lawyer who represents the defendant and puts his point before the court.

It takes time to prepare a written answer claim, that is, after looking at all the facts related to the suit, the answer claim is prepared.

On the first date the advocate asks for time. Under Order 17 Rule 1 of the Code of Civil Procedure 1908, an application seeking opportunity is made in writing.

One date – for commission report.

The commission report of the disputed subject related to the suit is made. To get the commission done, the plaintiff / defendant has to make an application before the court for commission under order 39 rule 7 of the Code of Civil Procedure, 1908 before the court.

Commission report takes time to come, because the commissioner already has many commissions, then commission is done on their occurrence or on time or according to the priority.

Several dates are taken by the plaintiff/defendant.

  1. due to illness,
  2. Because of the sorrow in the family,
  3. for other justifiable reasons.

Several dates are taken by the advocate.

  1. due to illness,
  2. Because of the heat in the family,
  3. for other justifiable reasons.

A date – for the filing of documents relating to the suit.

If both the plaintiff/defendant feel that any document relating to the suit needs to be filed which would strengthen the suit in their favor, a date is sought for the filing of such documents. For this also an application has to be submitted.

A date – when witnesses are called to testify.

For the testimony related to the suit, the witnesses who have spoken in their favor by the plaintiff / defendant have to be present for the testimony. It takes a date for that too.

  1. The witness need not appear on that appointed date,
  2. It is not necessary that all the witnesses testify in a day.

For the disposal of the application when it is filed in the middle of the proceedings of the suit. a date.

A date – for the debate of the case.

The plaintiff/defendant’s advocates present their arguments in relation to the suit before the judge. The judge hears and fixes a date for the order.

A date – for the hearing of the order.

Both the plaintiff/defendant’s advocates present their arguments before the judge, the judge allots a day for the order. This day is told to both the advocates.

There can be many reasons for putting a date on a date.