cpc

order required - court should give equal time/opportunity


Dear learned members, 

 

I would appreciate your help in following matter.

 

Hon'ble Judge at City Civil court has granted generous 4 adjournments covering period of 7 months to submit the evidences

 

When it came to Defendant,  Hon'ble Judge  started giving dates  (3 adjournments) at every 10 days. Though, Defendant requested for a period of 1 month to collect certified copies  from the another court and draft affidavit, which was rejected.. (total time allowed to Defendant 35 - 40 days)

 

Hon'ble Judge has closed the evidence stage  with out Defendant's evidence being submitted.

 

It is highly likely that Defendant's motion will also be rejected.  

 

Some time before, there was a judgment of Bombay High Court and/or Supreme Court which instructed that trial court should allow same time and provide equal opportunity to both the parties 

 

Anticipating reply.

 

Regards

RAJ

 
Reply   
 
Advocate

While defending the case, you cannot claim longer period of adjournment as a right, it depends upon the circumstance and discretion of the presiding officer of the court to grant adjournments depending on the nature of the case.  In your case, if your petition for reopen has been dismissed, you may file a revision before the high court explaining the situations.

 
Reply   
 



Dear Sir, 

 

Thank you very much for your reply.

 

The word discretion  is a very vague term. With Apologies,  I may not be wrong to say that  it allows presiding officer  to treat Court Room as their personal Kingdom and consider himself/herself  as "The King/Queen "

 

Just because they are holding the Chair - They openly be bias and provide favourable treatment to one party over another 

 

Regards

RAJ

 
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