RADHA KUWAR SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) When the case was called, counsel for the petitioner submitted that since he has not prepared the case, therefore, the matter should be adjourned. When this Court refused to adjourn the matter and requested the counsel to argue the matter then again he insisted that once he has not prepared the case, therefore, this Court must adjourn the matter. Counsel was not ready to open his file also. It was not known as to whether the counsel was having the file of this case or not. Accordingly, this Court provided the file of the Court to Shri G.R.Saket but he also did not open the same and stated that he is an Advocate and it is his duty to prepare the case efficiently because he is earning his livelihood for looking after his family including wife and children and once he has not prepared the case then the Court must not hear the matter. The counsel was reminded of duties of an Advocate but again and again he submitted that he is an Advocate and, therefore, he should not be heard unless and until the case is prepared by him. Thus, it is clear that the solitary intention of counsel for the petitioner was to get the matter adjourned.

(2.) Asking for unnecessary adjournments is neither in the interest of litigant nor in the interest of Institution. This Court in the case of Nandu @ Gandharva Singh Vs. Ratiram Yadav and others, by order dtd. 9/1/2019 passed in M.P.No.1887/2017 has held as under :-

(3.) Therefore, this Court was left with no other option but to decide the petition on the basis of averments and documents. However, with an intention to give another opportunity of making submissions before the Court, counsel for the petitioner was informed that he may argue the matter at any time before the Court working hours are over. Accordingly, counsel for the petitioner appeared at 4.30 PM and without arguing the matter handed over a copy of the policy dtd. 29/9/2014 dealing with the appointment on compassionate ground. He was not in a position to answer any of the queries made by the court.