ANSHU SEHGAL Vs. STATE OF U P

JUDGEMENT

(1.) SUNIL Ambwani, J. Heard Shri Shitla Sahai, learned Counsel for the petitioner.

(2.) BY this writ petition the petitioner has prayed for a direction to the Pre scribed Authority/civil Judge (Sr. Divn.) Ghaziabad to decide the P. A. Case No. 19 of 2004, Smt Anshu Sehgal v. Shri Shrawan Kumar, expeditiously or within the specific period as fixed by the Court.

(3.) THE Code of Civil Procedure, 1908 provides for adjournment, at any stage of the suit, for reasons to be recorded in writing. This power to adjourn the case under Order XVII Rule 1 of the Code of Civil Procedure, 1908 is given to serve the principles of natural justice, is often misused by the Counsels of both the parties as well as the Court, THE adjournment of cases for reasons, which can be avoided and are often not recorded in the orders. On most of the occasions the cases are adjourned without any application filed by either of the parties causing long de lays, leading to mounting arrears, which has virtually crippled the legal system. Many a times the adjournments are given by the Court only to manage their cause list. On such occasions, when the Courts have large number of cases on the day, adjournments are given by asking for managing the work- THE Courts do not manage their roaster in such a manner that only a reasonable number of cases are fixed on any day. THE Counsels very often seek adjournments, not to provide opportunity to defence to their clients. Sometimes these adjournments are sought as they are over busy, which is often a case with senior Counsels and at many other occasions for flimsy reasons. THE Counsels practicing in law Courts have deiced thousands of ways to adjourn the cases. Some Counsels are known as experts in adjournments and are engaged only to delay the cases. THE mis use of the power of adjournment has virtually put the entire administration of justice to ransom.