V S BABU Vs. C S THAHIRA

JUDGEMENT

(1.) "Procedure is to be the handmaid of justice and not to be the mistress", goes the adage. Here is a typical example where it proved otherwise.

(2.) Two suits os 7/06 and os 923/08 of the Additional sub court, Ernakulam, were being jointly tried. Petitioner is the second defendant in os 7/06 and is the plaintiff in os 923/08. Both the suits are for partition. The suits relate to different properties.

(3.) The suits stood posted for trial in the list to 19.02.2010. on the application of the counsel for the petitioner, the suit was adjourned to 24.02.10. on that date contending that the counsel has given up the engagement, the petitioner, in person, sought for time, and accordingly the suits were adjourned to 03.03.10. on that date, the petitioner, in person, filed an application as IA 1962/10 seeking time, on the ground that, the counsel engaged by him is not available since he is at Lakshadweep and he needs to engage another counsel. The court dismissed the application and proceeded to take evidence in the suit.