How do I file a special leave petition in supreme court to expedite a high court matter?

Question

I have an appeal filed in the year 2000 pending in the High Court, Mumbai. The original suit is 35 years old - and the matter has to revert back to the trial court after the appeal in the high court.

In spite of it being such an old matter, the high court does not seem to be interested in hearing the appeal. Everyday it hears appeals in matters filed even decades after my matter, but presumably is too busy to hear mine.

I have been told that I can file a Special Leave Petition (SLP) in the Supreme Court, but the SLP has to be filed against an order passed by the High Court. In this case there is no order - the matter is just orally refused to be heard.

What is the solution? How do I file a special leave petition in the supreme court asking it to expedite the hearing of my appeal, without there being a prior order from the High Court?

Answer 1

Ask your lawyer if you have one to file an expedite petition under section 151 of the CPC in the High Court to hear appeal day to day. If the High Court dismises that petition then you can go to Supreme Court against that order and plead your entire case before Supreme Court.

Answer 2

That is the malady of our justice delivery system. The Supreme Court is competent to direct the High Court to expedite the matter. But, such direction is passed, because they are consious of the docket explosion and the attendant problems being faced by the judiciary. Before knocking at the doors of the Supreme Court, you may have it mentioned before the C.J, through your counsel.

Answer 3

there are particular concerns the position the charm will right away lie interior the perfect courtroom over a judgement interior the severe courtroom, like interior the case of conviction and sentence of lack of life shown. In cases even if the severe courtroom provides a certificate that there's a important question of regulation in touch, an charm should be filed earlier the perfect courtroom. even if no such certificate is given by the severe courtroom, you'll document a particular leave Petition (SLP) in search of leave of the perfect courtroom of India for who want a Civil Revision charm. The perfect courtroom of India, lower than paintings 139 of the structure of India may, even if it truly is satisfied that there is significant question of regulation in touch interior the case, grant the particular leave and entertain the Civil Revision charm favored. yet, the SLP isn't an well-known provision for filing a recurring charm. it truly is a particular jurisdiction which will be invoked by the courtroom lower than particular situations. yet,very nearly talking, SLP is invoked as a matter of recurring. there's a large type of cases it really is pushed aside by the courtroom in limine, as with out earnings.

Answer 4

I would like to give u a suggestion and i.e. to mail ur problem to [e-mail] it would surely going to get solve.