BRIJ BHUSHAN Vs. SRI CHAND VERMA AND ORS

JUDGEMENT

(1.) The challenge by means of this revision petition under Section 115 of Code of Civil Procedure, 1908 (CPC) is to the two orders dated 19.11.2012 and 23.1.2012.

(2.) (i). By the first order dated 19.11.2012 the suit was adjourned subject to payment of costs only of Rs.3,000/- inasmuch as the petitioner/plaintiff was causing an adjournment by not filing the application to bring on record the legal heirs of respondent no.1/defendant no.1 in the trial court. At this stage, it be noted that the plaintiff is the son of respondent no.1/ defendant no.1 in the trial court and the other legal heirs of the respondent no.1/defendant no.1 including the other defendants in the suit were already on record.

(3.) In my opinion, both the orders show that neither the petitioner/plaintiff nor his counsel have acted fairly. Merely because a transfer application is filed, Courts are not bound to adjourn the suits more so in facts such as the present. Also, if Courts are forced to adjourn the matters in facts such as the present, a litigant or his counsel will not allow the suit proceedings to continue at their whims and fancies.