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The Virus of Adjournment Has To be Controlled: Allahabad High Court on Seeking Unnecessary Adjournments

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The Virus of Adjournment Has To be Controlled: Allahabad High Court on Seeking Unnecessary Adjournments
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The Allahabad High Court on Monday expressed dissatisfaction on seeking unnecessary adjournments by counsels, which ultimately affects the judiciary’s justice dispensation system.

A single judge bench of HC comprising of Justice Rekha Dikshit observed the same while hearing a petition seeking directions to Judicial Magistrate, Faizabad to decide a pending case of 2018 under section 12 of the Domestic Violence Act.

The bench observed,

“In the case at hand, it can indubitably be stated that the defendant- petitioner has acted in a manner to cause colossal insult to justice and to the concept of speedy disposal of civil litigation. We are constrained to say the virus of seeking adjournment has to be controlled. The saying of Gita “Awake! Arise! Oh Partha” is apt here to be stated for guidance of trial courts.”

The Court had also observed that speedy justice is a foundational concept of democracy, and such a right is a natural right.

The bench said,”The speedy justice is the fundamental right of every litigant but at the same time the long pendency of old cases also cannot be ignored and no one can be permitted to linger on the proceedings unnecessarily. It has also been experienced that the lawyers also abstain from work on various counts. A counsel appearing for a litigant has to have institutional responsibility and it is expected that unnecessary adjournments should not be sought”.

The Court proceeded to direct the Judicial Magistrate hearing the Domestic Violence case to decide on the matter expeditiously and, if possible within three months.

The Court directed the Judicial Magistrate, Faizabad to consider the case to decide the matter within three months and deal the same in accordance with law.

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