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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
| 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.
Repeated adjournments aimed at delaying proceedings are unacceptable, emphasizing the need for timely resolutions in execution of decree.
The court recognized the necessity of adjournment due to the petitioner's death, emphasizing procedural integrity in ongoing legal matters.
The court has the inherent power to ensure compliance with its orders and can grant adjournments in the interest of justice while balancing expediency and the rights of the parties involved.
The court emphasized the importance of providing reasons in orders and balanced the interests of the parties by granting another opportunity to the petitioner, subject to payment of costs.
The right to a fair trial necessitates adequate legal representation; refusal to grant adjournment undermines this right, potentially resulting in miscarriage of justice.
Courts may grant adjournments in exceptional circumstances, such as medical reasons, but may also set limits on future adjournments.
The court affirmed that a delay in challenging a decree cannot be condoned without sufficient cause, especially when the application lacks an adequate explanation for prolonged inaction.
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