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2016 Supreme(SC) 587

DIPAK MISRA, ROHINTON FALI NARIMAN
GAYATHRI – Appellant
Versus
M. GIRISH – Respondent


JUDGMENT

Dipak Misra, J.

If a case ever exposed the maladroit efforts of a litigant to indulge in abuse of the process of Court, the present one is a resplendent example. The factual narration, to which we shall advert to immediately hereinafter, would limpidly show that the defendant-petitioner has endeavoured very hard to master the art of adjournment and on occasions having been successful become quite ambitious. And the ambition had no bounds; it could reach the Everestine heights or put it differently, could engulf the entire Pacific Ocean.

2. The factual expose’ as is evincible from the impugned orders, the respondent filed OS No.1712 of 2007 for recovery of possession and damages. The general power of attorney holder through which the plaintiff prosecuted the litigation was examined on 13.1.2009 in chief and it was completed on 12.9.2012. It is worthy to note here that for examination-in-chief, the witness was constrained to come to court on seven occasions. Thereafter, the defendant filed an interlocutory application under Order XVII Rules 1 and 2 of the Code of Civil Procedure seeking adjournment of the matter for one month on the ground that the mother of the senior counse

























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