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napster

Can RTI be used to understand why Civil Lawsuit Case isn't progressing?

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napster

Hi,

Not sure if this is the right area to post such a question. Please advise if not.

 

I have filed a lawsuit against seller in Mumbai High Court for a property bought in 2010. I have reviewed the Case Status on Mumbai High Court's website.

 

2 case hearings have occured till now, waiting for a 3rd hearing.

 

Can I file a RTI and get to know why the Case Hearing isn;t scheduled in this Civil lawsuit matter?

 

Thanks,

Napster

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dr.s.malhotra

recently CIC directed PIO of Supreme Court to provide information of Reserved Orders in cases before SC . But the Order was stayed by Delhi High Court . http://news.vakilno1.com/tag/rti-act

http://www.rti.india.gov.in/cic_decisions/CIC_WB_A_2010_000320,321-SM_M_64092.pdf

 

the issue is not similar to yous , but what I want to stress here is that Judiciary is very reluctant to allow RTI inroads into their functioning . Many similar cases like cited above are available to prove this point ; http://rti.india.gov.in/cic_decisions/CIC_SM_A_2011_000237_SG_12351_M_56284.pdf

This too has been stayed by High Court .

 

But your query is bit different . It has 2 dimensions . If the listing is not being done as per rules , then you may have choice of using RTI . But if the dates are being given by the Judges , then use of RTI or other mode for seeking Information may be construed as misuse of RTI Act or Contempt even . So should not use RTI for this second type of problem where judicial discretion tends to get questioned .

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Dr V S Prasanna Rajan

With regard to the applicability of RTI in the progress of civi law suit, the appropriate starting point is the methodology suggested by the supreme court in anilrai vs state of bihar, in which specific procedures were prescribed by the supreme court to be followed by the high court for timely disposal of cases. The copy of the judgment is attached with this post. Based on the mandatory guidelines in that judgments, if you can frame your queries asking for copies of records on the administrative side of the judiciary, in connection with the application of the mandatory guidelines of the supreme court to be followed by the high court, then you can monitor the progress of the case on the administrative side of the court.Moreover, IT IS IMPORTANT TO NOTE THAT RTI CANNOT BE USED IN SUCH A WAY SO AS TO CAUSE INTERFERENCE IN THEIR JUDICIAL FUNCTION / DISCRETION.

The procedures suggested by the apex court to be followed by the high court are listed below, which would give a clue to frame your RTI queries appropriately.

 

i) The Chief Justices of the High Courts may issue appropriate directions to the Registry that in a case where the judgment is reserved and is pronounced later, a column be added in the judgment where, on the first page, after the cause-title date of reserving the judgment and date of pronouncing it be separately mentioned by the court officer concerned.

 

ii) That Chief Justices of the High Courts, on their administrative side, should direct the Court Officers/Readers of the various benches in the High Courts to furnish every month the list of cases in the matters where the judgments reserved are not pronounced within the period of that month.

 

iii) On noticing that after conclusion of the arguments the judgment is not pronounced within a period of two months the concerned Chief Justice shall draw the attention of the Bench concerned to the pending matter. The Chief Justice may also see the desirability of circulating the statement of such cases in which the judgments have not been pronounced within a period of six weeks from the date of conclusion of the arguments amongst the judges of the High Court for their

information. Such communication be conveyed as confidential and in a sealed cover.

 

iv) Where a judgment is not pronounced within three months from the date of reserving judgment any of the parties in the case is permitted to file an application in the High Court with prayer for early judgment. Such application, as and when filed, shall be listed before the bench concerned within two days excluding the intervening holidays.

 

v) If the judgment, for any reason, is not pronounced within a period of six months any of the parties of the said lis shall be entitled to move an application before the Chief justice of the High Court with a prayer to withdraw the said case and to make it over to any other bench for fresh arguments. It is open to the Chief Justice to grant the said prayer or to pass any other order as he deems fit in the circumstances.

 

Based on the suggested procedures of the apex court, you can ask for the following, and you can add , modify as per your requirements-

 

1. copies of the records available with regard to the progress made on the administrative side with regard to the listing of the case no. (Provide your case no) before the appropriate bench.

 

2. copies of the records available with regard to the orders made by the Chief Justice on their administrative side with regard to the implementation of the directives of the apex court in anilrai vs state of bihar, in the high court, with regard to the timely disposal of cases.

 

3. copies of the records available with regard to the progress made on the administrative side based on the order of the chief justice, with regard to the implementation of the apex court directives in anil rai vs state of bihar for timely disposal of cases.

 

If your case is not listed before the appropriate bench for hearing for a long time, then

 

4. copies of the records containing the information on the applicability of the directives of the apex court in anil rai vs state of bihar for your case. (You can re phrase this sentence accordingly)

 

any other as you think as per your needs.

You can post the query in the forum so that the members can refine your RTI queries.

vsprajan

Apex court directives for timely disposal of cases - Anil Rai vs State of Bihar.pdf

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dr.s.malhotra

the Judgment gives direction in regard to procedure to be adopted in cases where decision has been reserved .

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Dr V S Prasanna Rajan

As rightly pointed out by Dr. Malhotraji, the judgment of anil rai vs state of bihar applies to cases when hearing is completed, and judgement is not pronounced.

However, for those cases, where even when hearing is not commenced, the following information may be useful, based on which suitable RTI queries may be made.

The high courts in India has to implement case flow management rules, which is intended to reduce the backlog of cases. The case flow management rules follows from the supreme court judgement in Salem Advocate Bar Association, Tamil Nadu Vs. Union of India (UOI), (2005) 6 SCC 344.

 

IF THE RTI QUERIES ARE FRAMED ACCORDINGLY BASED ON THE CASE FLOW MANAGEMENT RULES, THEN THE TIME LIMIT FOR LISTING OF THE CASES CAN BE SIGNIFICANTLY REDUCED. The judgment is attached in this post, which contains the model case flow management rules.

Salem_Advocate_Bar_..._vs_Union_Of_India_on_2_August,_2005.pdf

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Dr V S Prasanna Rajan

Some of the typical rti queries that can be asked for monitoring the progress of listing of a case based on the MODEL CASE FLOW MANAGEMENT RULES are:

1. Copy of the records containing the procedure for listing of cases as enforced in the high court.

2. Copy of the records containing the daily progress made with regard to the listing of the case no.. before the appropriate bench, as per the listing procedure enforced in the high court.

3. Copy of the progress report filed by the registrar general in connection with the enforcement of case flow management rules in pursuant of the judgment of the apex court in Salem Advocate Bar Association, Tamil

Nadu Vs. Union of India (UOI), (2005) 6 SCC 344

4. If the progress report is not filed by the registrar then the certified copies of the records containing the reasons recorded therein for the same.

5. Copy of the records containing the case flow management rules enforced in the high court based on the judgement of the apex court in Salem Advocate Bar Association, Tamil

Nadu Vs. Union of India (UOI), (2005) 6 SCC 344

6. Copy of the records containg the category of the track (track 1,2,3,4,5)assigned to the case no..... as per the case flow management rules enforced in the high court.

7. If the case flow management rules are not enforced in the high court, then the copy of the records containng the information / reasons recorded there in for the same.

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