GAUHATI HIGH COURT
U.L.Bhat, J.
Mango Ice Cream Company -Appellant
Versus
Dena Bank -Respondent
Civil Revision No. 213 of 1985
Decided On : 24-01-1992
''It appears that several dates were given to the defendant for adducing their evidence. No further date could be given. The prayer of the defendant is rejected and accordingly case is fixed on 18.7.85 for argument." This order is now challenged in the revision petition. This Court, it appears, has stayed further proceedings and stay has continued from 30.7.85 till date. 2. Adjournment was sought before the lower Court, according to the learned counsel for the revision petitioner, under Rule 1 of Order 17, Civil Procedure Code, 1908, which says that the Court may, if sufficient cause is shown, at any stage of the suit grant time to the parties or to any of them, and may from time to time adjourn the hearing of the suit. This provision undoubtedly confers power on the Court to adjourn a suit on any stage if sufficient cause is shown. The Rule is an enabling one, conferring power on the Court to do so. If does not mandate the Court to grant adjournment whenever a cause is alleged. That is always in the discretion of the Court : of course, Court must always exercise its jurisdiction in a judicious way on the basis of sound and established principles of law and not arbitrarily.
3. Rule 16 of Chapter I of Civil Rules and Orders of the High Court requires that :
"All petitions requiring judicial investigation pr determination unless filed with an affidavit in support thereof should be verified in the manner prescribed by Order 6 Rule 15."
It has to be noticed that the petition for adjournment which has led to the impugned order is not verified nor supported by an affidavit. The allegation in the petition signed by the Advocate and incidentally, the Advocate did not claim personal knowledge of what was averred in the adjournment petition, is that the petitioner was attacked with high blood pressure and wife also could not be present in Court. Apparently she had to attend to her husband. The application is absolutely vague inasmuch as it does not indicate when the petitioner fell ill, whether he was under treatment and, if so, what was the medical advice he received. The application is also not accompanied by medical certificate or an affidavit of the Doctor who was treating the defendant.
4. Apart from the merits which it is absolutely unnecessary to gone into, I do not think the revision petition is of the kind which should be entertained in this Court. Sub-section (1) of section 115, Civil Procedure Code reads thus : "115. Revision.- (1) The High Court may call for the record of any case which has been decided by any court subordinate to such High Court and in which no appeal lies thereto, and if such subordinate court appears- (a) to have exercised a jurisdiction not vested in it by law, or (b) to have failed to exercise a jurisdiction so vested, (c) to have acted in the exercise of its jurisdiction illegally or with
material irregularity, the High Court may make such orde
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