Biswanath Sutradhar vs Usha Rani Debnath

Headnote Court Copy Facts Arguments Court observation Judicial Analysis Case Map Category Hierarchy Table of Content

2022 Supreme(Tri) 216

HIGH COURT OF TRIPURA AGARTALA
S.G. Chattopadhyay, J.
Biswanath Sutradhar - Appellant
Versus
Usha Rani Debnath & Ors. - Respondents
Civil Revision Petition No. 67 of 2022
Decided On : 01-12-2022

Important Points

Repeated adjournments aimed at delaying proceedings are unacceptable, emphasizing the need for timely resolutions in execution of decree.

Subject

Civil Law - Procedural Law

Headnote

(A) Civil Procedure Code, 1908 - Section 151 - Adjournment of proceedings - Petitioner sought adjournment claiming senior counsel was out of station. Respondent opposed, indicating adjournments already granted have been misused to delay decree execution. Court directed no further accommodations to be made after next date. (Paras 1-3)

Facts of the case:
The petitioner requested an adjournment of the execution of the decree, citing the absence of senior counsel. The respondent argued that numerous adjournments had been previously granted, aiming to expedite the hearing.

Findings of Court:
The Court acknowledged the request for adjournment but clarified that it would not entertain further delays beyond the subsequent date listed.

Issues: The main issue was whether the petitioner could justify further adjournments to delay the execution of the decree.

Ratio Decidendi: The Court inferred that repeated adjournments aimed at delaying proceedings were unacceptable, emphasizing the need for timely resolution of cases.

Result: Adjournment granted till the next day, with a clear indication that no further adjournments would be permitted.

Advocates appeared:
D Deb, Advocate, D R Chowdhury, Advocate, D Debnath, Advocate, N Chowdhury, Advocate

Table of Content
1. petitioner's request for adjournment debated. (Para 1 , 2)
2. court's decision on adjournment. (Para 3)
3. next listing of the case. (Para 4)

JUDGMENT

S.G. Chattopadhyay, J. - Heard Mr.D.Debnath, learned counsel appearing for the petitioner. Learned counsel urges the Court for an adjournment on the ground that his senior is out of station.

2. Heard Mr. N.Chowdhury, learned counsel appearing for the respondent. Learned counsel submits that the petitioner has filed this application with a view to further delay the execution of the decree. Counsel submits that the petitioner has already been favoured with many adjournments. Counsel, therefore, urges the Court to hear and decide the matter at the earliest.

3. Having heard learned counsel, I adjourn the matter till tomorrow. It is made clear that no further accommodation will be given beyond the next date.

4. List on 02.12.2022.