Hon’ble Allahabad High Court while dealing with the case of “Raj Kumar v. Mohd. Yaqoob” here on 29-01-2019 stated that the trial court shall not grant adjournment in a casual manner as it had been doing so far.
BRIEF FACTS OF THE CASE
A suit was instituted by the petitioner against respondent no.1 for recovery of arrears of rent and for eviction. From last four dates, the matter was being adjourned on application filed by the defendant-respondent and the lower court has not even recorded reasons for granting repeated adjournments.
Thus, aggrieved by this, the instant petition was filed for issuance of a direction to the Court of Small Causes, before whom SCC Suit No.6 of 2014 is pending at the behest of the petitioner, to decide the same within a specified time frame.
DECISION OF THE COURT
Hon’ble Court directed the lower court to ensure that the proceedings are concluded expeditiously. Court further held that the trial court shall not grant adjournment in casual manner as it had been doing so far.
The court shall have due regard to Proviso to Order 17 Rule 1 in case adjournment application is now filed in the proceedings by the defendant-respondent.
Read the full Judgement Here-
http://elegalix.allahabadhighcourt.in/elegalix/WebDownloadJudgmentDocument.do?judgmentID=6962507
