TABUSSUM JAHAN Vs. ABDUL HAFIZ

JUDGEMENT

(1.) Heard Mr. I.P.Kohli, learned counsel for the petitioner and Mr. Navnish Negi, learned counsel for the opposite party, who is the plaintiff in the Small Cause Suit.

(2.) In this case the petitioner being the defendants, assailed the order dtd. 15/11/2021, whereby the learned District Judge, Pauri Garhwal has rejected his application for adjournment for the purpose of filing written statement on the ground that defendant has already taken several adjournments.

(3.) Keeping in view the interest of justice as well as the undertaking given by the learned counsel for the petitioner, the writ application is disposed of, with a liberty to the petitioner to file within ten working days hence by filing an application for accepting the same before the learned District Judge, Pauri Garhwal. On such an event, the written statement shall be accepted. The defendant shall not pray for any further adjournment. It is made clear that if the petitioner does not file a written statement within ten working days, no further time shall be granted to them. After filing of the written statement, the suit shall proceed in accordance with law and none of the parties shall seek unnecessary adjournment.