Adjurnment

Thyagarajan (Querist) 30 August 2009 This query is : Resolved
A respondent had filed a wakalath in favor of an advocate and the Judge had given a date for filing a counter. On that day the Judge did not turn up However the case was called by the bench clerk. The respondent advocate was neither present nor any one filed the counter. Next hearing date was given . I had given a petition that the delay in filing the counter be not condoned just because the judge did not tern up. However one court staff told he was advised by the advocate early before the case was called that the counter was not ready. If the counter was not ready should not the advocate file a petition for another date?

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PALNITKAR V.V. (Expert) 30 August 2009
Yes, the advocate should have filed application for extension of time.you should raise objection. But the delay if any is most likely to be condoned.