Back
IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH AT ITANAGAR BENCH
ARUN DEV CHOUDHURY, J.
Takheng Lamnio S/o Late Nibu Lamnio – Petitioner
Versus
The State of A.P. and Others – Respondents
W.P. (C) No. 385 of 2021
Decided On : 09-01-2024
Adjournment - Petition for Non-Response - In the interest of justice, the matter stands adjourned and be listed after three weeks on a date to be fixed by the Registry. In the meantime, parties may exchange their pleadings.
Fact of the Case:
The petitioner did not appear for the hearing, and respondent Nos. 9 and 10 did not file a response. The court adjourned the matter and scheduled it for a later date, allowing the parties to exchange their pleadings in the meantime.
Finding of the Court:
The court found that in the interest of justice, it was appropriate to adjourn the matter and allow the parties to exchange their pleadings before the next hearing.
Issues: Non-appearance of petitioner, non-filing of response by respondent Nos. 9 and 10, adjournment of the matter, exchange of pleadings by parties.
Ratio Decidendi: The court's decision to adjourn the matter and allow the parties to exchange their pleadings was based on the interest of justice.
Final Decision: The court ordered the matter to be adjourned and listed after three weeks, with the parties being allowed to exchange their pleadings in the meantime.
ORDER :
1. None appears for the petitioner on call. The respondent Nos. 9 and 10 have not filed response till date. However, in the interest of justice, the matter stands adjourned and be listed after three weeks on a date to be fixed by the Registry.
2. In the meantime, parties may exchange their pleadings.
In the interest of justice, the court may adjourn a matter and allow the parties to exchange their pleadings before the next hearing.
Writ petition dismissed due to petitioner's repeated non-appearance and failure to prosecute.
Courts may grant adjournments in exceptional circumstances, such as medical reasons, but may also set limits on future adjournments.
Interim order is revived and extended by a period of ten days.
Appearance of counsel can be considered even if the respondent has not been formally served.
The court may dismiss a case for want of prosecution if the petitioner or their counsel fails to appear, showing lack of interest.
Failure to prosecute a civil miscellaneous petition for over fifteen years due to lack of representation results in dismissal as abated.
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
