Bombay High Court
Rais Ahmad
Versus
State of U.P.
Decided On:

Headnote:Article 225-Adjournment of me-In regard of adjournment of case it was held that illness slip of a counsel cannot be abolished on account of isolated case.- Traditions of a Court are built upon the edifice of cooperation between Judges and lawyers over a period of years. "Traditions", are doctrines, customs, practices, belief and usages which are handed down from generation to generation. As pointed out earlier, one of the traditions of the Allahabad High Court, which is now more than 130 years old and has seen many generations of lawyers, is that a case would be adjourned on the "Illness Slip" of a counsel. This and other traditions of the Court bind the lawyers and Judges in a sacred relationship of mutual trust and understanding. The adjournment of a case on the "illness slip" reflects the courts respect for the counsel and its consciousness that a lawyer or counsel, though an officer of the Court, is nevertheless a human being who can fall ill. It also reflects the faith and trust the lawyer has in the Court that the Court would, on his "illness slip", adjourn the case.

       In the instant case, the counsel for the appellant had applied to the Chief Justice that on the ground of his ille-ness he would not be able to conduct his cases for a particular period of time and the application was allowed for the period up to 23rd April, 1966. The case was listed on the very next day of the expiry of the leave period. On that day, since the counsel was still not well, he sent an "illness slip" which, unfortunately, was not brought to the notice of the Court with the result that the Court on a consideration of the merits of the case dismissed the writ petition. Since leave of absence to the counsel had already been granted by the Chief Justice up to 23rd April, 1996, it is quite understandable that on 24th April, 1996, when the case was listed, the counsel was still unwell and could not come to the Court and, therefore, could not conduct the case which, in keeping with the high and noble tradition, should have been adjourned on the "illness slip" of that counsel. This having not been done has resulted in serious miscarriage of justice.

       For Citation : 1999 (4) All MR 167 (SC)