Vinita Joshi vs Damodar alias Nandu

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(HP) 495

AJAY MOHAN GOEL
Vinita Joshi – Appellant
Versus
Damodar alias Nandu – Respondent

Advocates Appeared:
For the Petitioner: Mr. Pawan Gautam.
For the Respondents: Mr. Parmod Singh Thakur.

JUDGMENT :

Ajay Mohan Goel, J.

By way of this writ petition, the petitioner has challenged order dated 03.11.2023, in terms whereof, the request of the petitioner for adjournment of the cross-examination of the witnesses of the respondent herein was acceded to by the learned Court below but subject to payment of cost of Rs.5,000/- which was to go to the account of Free Legal Aid maintained by District Legal Services Authority, Una. Learned counsel for the petitioner has submitted that the act of the learned Court below of imposing cost while granting adjournment is per-se bad in law as the learned Judge erred in not appreciating that it was the first adjournment prayed for on behalf of the petitioner. Accordingly, he submitted that as there is perversity writ large on the face of the order, the present petition be allowed and impugned order be set aside.

2. Having heard learned counsel for the petitioner and having perused the impugned order, this Court finds no perversity therein and rather finds the filing of this petition to be an abuse of the process of law.

3. Herein is a case where on the date concerned, the witnesses of the opposite party before the learned Court below were pres

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