Adjournment of appeal suit

Balaji Bakthavathsal (Querist) 28 April 2017 This query is : Resolved
In a civil suit, an appeal was filed against the ex-parte decree of the lower court in the sub-court by one of the unscrupulous respondent, just to prolong the litigation with the intention of grabbing money from the genuine party. The appeal which was taken up the sub-court on 24-02-2016 is still getting adjourned by the sub-court though several calls were made for the appellant side argument and the cousel of the appellant fails to turn up the court. The questions are :
1) Is there any limit set in our legal system for adjourning an appeal suit ?
2) Does n’t amount to denial of justice to the genuine litigants ?
3) Can we represent the callous attitude of the sub-judge for simply adjourning the appeal without any valid reason ?
I shall be very grateful if the learned advocates clarify me on this.

Thanks & Regards
Balaji

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R.K Nanda (Expert) 29 April 2017
1.no

2.yes.

3.yes, to concerned high court.

Dr J C Vashista (Expert) 30 April 2017
I agree with expert advise of Sh. RK Nanda, there is no limit for adjournments however, you can emphasis to impose cost and/or dismiss the appeal for non-prosecution.

2. You are right in your perception, justice delayed is justice denied, which you have realized while sitting on the other side of the fence.

3. Move to High Court for issuance of writ of mandamus u/a 227 of the Constitution of India, 1950.