Hon’ble Allahabad High Court while dealing with the petition here on 15-03-2019 in the case of “Rajendra And 3 Others v. Ramagya And 8 Others” stated that no one can seek adjournment in the court of law as a matter of right and the Court refusing adjournment and proceeding on merits of the application cannot be said to have committed any error of law.

BRIEF FACTS OF THE CASE

This petition was filed against the orders dated 1.10.2018 and 1.12.2018 passed by the 4th Additional District Judge/Special Judge (E.C. Act and Electricity Act) Ghazipur in Civil Appeal No. 97 of 1999 (Rajendra and others vs. Sohar) on the first ground (for order 1.10.2018) that it has been made behind the back of the petitioners i.e. the applicants of application 234Ka filed under Order 6 Rule 17 CPC for amendment of plaint. 

The First appellate court in the order dated 1.12.2018 stated that the order dated 1.10.2018 cannot be recalled as the same was passed in the presence of the parties and on the merits of the amendment application paper no. 234Ka.

DECISION OF THE COURT

Hon’ble Court held that no one can seek adjournment in the court of law as a matter of right. The Court refusing adjournment and proceeding on merits of the application cannot be said to have committed any error of law.

Court finally held that no argument has been made by the learned counsel for the petitioners on the merits of the amendment application i.e. paper no. 234Ka and no inference has been made.

Thus, this petition was dismissed.

Read the full Judgement Here-

http://elegalix.allahabadhighcourt.in/elegalix/WebDownloadJudgmentDocument.do?judgmentID=7101908