SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1995 Supreme(SC) 387

B.L.HANSARIA, K.RAMASWAMY
Bashir Ahmad – Appellant
Versus
Mehmood Hussain Shah – Respondent


Advocates:
ANANT PALLI, ASHOK MATHUR, M.L.BHATT, PURNIMA BHATT KAK, S.P.SINGH

JUDGMENT :—Leave granted.

2. We have heard counsel on both sides. From the record, it would appear that a suit for ejectment was filed on October 3, 1988 and the matter was adjourned from time to time on one count or the other. On 8-8-1994, while the plaintiff was present in person, due to death of an advocate, the advocates went on strike. As a consequence, the matter was adjourned to 9-8-1994. It would appear that since counsel appearing for the appellant was unwell, the appellant could not proceed with the cross-examination of the respondent plaintiff and sought for short adjournment and agreed to pay costs. Instead, the Court directed the appellant to engage another lawyer for cross-examination of the plaintiff. Since he did not do so the Court ordered for forfeiture of cross-examination and proceeded with the matter.

3. Calling in question the procedure adopted and the order passed by the trial Court the appellant went in revision. The High Court by order dated 8-9-1994 in Cr. No. 118/94 dismissed the revision. Thus this appeal by special leave.

4. Order 17, Rule 1 (1) provides that -

"The Court may, if sufficient cause is shown, at any stage of the suit grant time to the parties












Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top