How long do testamentary suits take? – Most courts around the world work in different ways and the backlog of civil cases make it hard for judges to keep with the new cases coming up for hearing each day.On average,civil suits take much more time compared to criminal cases due to the complex nature of the proceedings and different parties involved.
How long do testamentary suits take?
When the testamentary petition is converted into a suit,you can be sure the suit will go on for atleast a year,even to get a judgement,order or direction from the court.The problem lies in the listing of your suit.In most courts that have backlogs of thousands of cases,it may take a few year just to get your suit listed on the daily cause list where it can be presented in front of a judge.
Now even if it does come up on the daily cause list for hearing for a particular day,there are chances it wont be heard.This is because each courtroom in a high court gets about 50-70 cases listed for the day in a sequential manner and there is no way that the judge can hear all those cases in an 8 hour shift.He/she may get through 30-40 or so cases and then adjourn for the day.The remainder of the unheard cases do not carry forward to the next day and go back into the computer system and be randomly assigned a new hearing date.
Who decides the hearing dates?
There are two ways your case can come up for hearing on a given date.Either by the computer management system that assigns the dates or by the judge himself.For a fresh matter,this can be done by mentioning it in front of a judge or by emailing the precipie to him.If the judge decides that the matter requires an urgent hearing then he will give it an earlier date.However if it goes into the CMIS or computer management system of the high court,then it can be several years before your fresh matter will be assigned a hearing date.
Usually if there is an urgency like age of the petitioner or if it a PIL then the court will grant an early hearing.Also court clerks have lots of power and can rig the daily causelist to include your matter.