IMPORTANT POINT
Repeated adjournments in civil proceedings undermine the justice delivery system, and courts must enforce timely action to maintain public confidence.

JUDGMENT :

Bipin Chander Negi, J.

The present petition has been filed seeking the following relief:-

“a. That the present writ petition may kindly be allowed and the impugned order dated 19.03.2025 passed by the learned Rent Controller, Mandi in Rent Petition No.1 of 2017 may kindly be quashed and set aside and the application filed by the petitioner/tenant for examining one official witness of Municipal Corporation, Mandi may kindly be allowed.”

2. Heard counsel for the petitioner and perused the pleadings and the documents appended along with the present petition.

3. The petitioner is the respondent before the trial Court. In a landlord-tenant dispute, the petitioner is the tenant. From a perusal of the impugned order dated 19.03.2025, it is evident that the matter for production of petitioner’s witnesses (DWs) was for the first time listed on 26.07.2023. Thereafter, for the said purpose, the matter was listed on 13.09.2023, 24.11.2023, 03.01.2024, 09.05.2024 and 26.12.2024. On 26.12.2024, the trial Court had made it absolutely clear that if no witnesses appear on behalf of the present petitioner (DWs), then the evidence of the petitioner would be deemed to be closed by the order of the Court. When the matter was posted on 19.03.2025, no witnesses on behalf of the present petitioner (DWs) were present. Taking into account the numerous opportunities, which had been availed by the present petitioner before the trial Court for leading evidence, the fact that the matter pertained to the year 2017 and keeping in view the last order dated 26.12.2024, trial Court had closed the evidence of the petitioner (DWs) by impugned order dated 19.03.2025.

4. The sole contention urged before this Court is ill-health of the counsel.

5. Speedy trial requires an efficient justice dispensation system. For attaining the latter, we need to get out of an adjournment culture. The work culture needs to change.

6. Delay, dilatory tactics ensure non-dispensation of timely justice, thereby, shaking the trust and confidence of a litigant in the justice delivery system, Courts are enjoined upon to perform their duties with the object of strengthening the confidence of a common man in the Institution entrusted with the administration of justice.

7. Any effort which weakens the system and shakes the faith of the common man in the justice dispensation has to be discouraged. Non grant of repeated adjournments in a mechanical, routine manner is not being strict rather the same is an effective attempt at thwarting a work culture which weakens the system.

8. Repeated adjournments by the counsels in mechanical and routine manner affects timely dispensation of justice. As a consequence whereof, trust and confidence of the litigant in the justice delivery system is shaken. In order to create an efficient justice dispensation system and maintain faith in rule of law, Courts are expected to be diligent and take timely action. There is a need to change the work culture and to get out of adjournment culture, which has to a great extent shattered the confidence and trust of litigants in the justice delivery system.

9. Granting of repeated adjournments in routine manner and how it affects the justice delivery system came to be considered before the Hon’ble Apex Court in Ishwarlal Mali Rathod vs. Gopal and Others, 2021 (12) SCC 612 , wherein, it has been held as under:-

“9. Today the judiciary and the justice delivery system is facing acute problem of delay which ultimately affects the right of the litigant to access to justice and the speedy trial. Arrears are mounting because of such delay and dilatory tactics and asking repeated adjournments by the advocates and mechanically and in routine manner granted by the courts. It cannot be disputed that due to delay in access to justice and not getting the timely justice it may shaken the trust and confidence of the litigants in the justice delivery system. Many a times, the task of adjournments is used to kill Justice. Repeated adjournmen