HABIBULLAH SHORA Vs. JALLA BANO

JUDGEMENT

(1.) THIS order will deal with two applications filed by the defendant (Petitioner herein) under section 24 read with section 151 for withdrawal of two suits captioned Mst. Jala Bano versus Habibullah Shora and Ghulam Mohidin Vs. Habibullah Shora from court of the Sub -Judge (CJM) Srinagar with further prayer for disposal by this court on the ground that the trial court has been according adjournments on asking, thereby helping the Respondent -plaintiff to prolong the pendency of the suit to the petitionerâ„¢s detriment and an apprehension is registered alleging non -inclination of the Presiding Officer to decide the suits.

(2.) TO succeed in the motion, my attention has been drawn to the proceeding of the suits, copies of which are appended with this petition. It transpires from these proceedings that during last two decades adjournments have been granted as a matter of routine, consequently the petitioner was constrained to approach this court by medium of transfer applications more than once. He has succeeded at times, resultantly files had to move from one lower court to the other under the orders of this court. What had prompted this court to pass such orders is an endeavour for disposal of the suits but surprisingly, the Presiding Officers have not adhered to these directions So much so, direction of the apex court dated 03 -03 -1976 has also gone unheeded. All this suggests judicial indiscipline and I would not have hesitated to initiate an action against the officers responsible for the error but what precludes me is that on the examination of the proceedings I am of the considered opinion that the omission on their part does not emanate from extraneous considerations. Be that as it may the fact remains that disposal of the cases has been delayed unduly by adjournments.

(3.) HERE arises a question as to whether a party to the suit is entitled to an adjournment as a matter of right. To have an answer, order XVII Rule (1) and its proviso (b) assume significance and for facility of reference same are extracted as under: