ANIL KUMAR AGARWAL Vs. ADDITIONAL CIVIL JUDGE LUCKNOW

JUDGEMENT

(1.) DEVI Prasad Singh, J. Heard Shri Suryakant learned counsel for the petitioner. None present for the opposite parties.

(2.) IN spite of service of notice counter affidavit has not been filed by the opposite parties.

(3.) AS discussed hereinabove, the application for adjournment was moved only on one ground i. e. the illness of plaintiff's counsel. By rejecting the application for adjournment it was not open for the trial Court to travel beyond the relevant material placed on record by the parties necessary for disposal of the application. The trial Court seems to be exceeded its jurisdiction while passing the impugned order. A person residing in foreign country may attend the Court on a date fixed after getting prior information. Adverse inference drawn by the trial Court seems to be passed on unfounded facts and non-existing material.