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NEERAJ TIWARI
Heera Lal Chhabra – Appellant
Versus
Nawal Kishore Agrawal – Respondent
JUDGMENT :
1. Heard Sri Ashish Agrawal, learned counsel for the petitioner and Sri Shrey Sharma, learned counsel for the respondent.
2. Learned counsel for the petitioner submitted that earlier plaintiff-respondent has filed SCC Suit No. 48 of 2014 in which date of 5.3.2022 has been fixed, but learned counsel for the defendant was busy in some other Court, therefore, he could not appear before the Court. On the very same day, Court has passed order to proceed ex-parte. Against that he has filed recall application on 22.3.2022, which was rejected vide order dated 28.7.2022. Against the said order, petitioner-defendant has preferred SCC Revision No. 101 of 2022, which was also dismissed vide order dated 12.4.2022.
3. Learned counsel for the petitioner further submitted that cause of non appearance of leaned counsel for the defendant is genuine as he is arguing before the another Court. Further, in paragraph 39 of the petition, he undertakes that he would appear each and every date before the concerned Court without taking adjournment, therefore, order may be quashed and opportunity may also be given to accept the evidence of defence. He lastly submitted that Hon'ble Apex Court has discu
The main legal point established in the judgment is the limitation on seeking adjournments, especially on the ground of illness of the lawyer, and the need for expeditious disposal of cases.
Point of Law : Adjournments should be ordinarily limited to three/four times in the life of the suit as also as per the provisions of Order 17 CPC.
The right to a fair trial necessitates adequate legal representation; refusal to grant adjournment undermines this right, potentially resulting in miscarriage of justice.
The court condemns the misuse of adjournments and emphasizes the importance of timely justice delivery. It calls for a change in work culture to discourage unnecessary adjournments and maintain the r....
The court emphasized that routine adjournments in civil proceedings undermine justice, necessitating strict adherence to statutory limits and the imposition of costs for delays.
Ex parte decree – A party cannot be allowed to take advantage of his own fault at cost of prejudice to adversary - Courts have committed no error in holding that petition under Order IX Rule 13 C.P.C....
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