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PIL seeks to regulate repeated adjournments in court cases

According to the PIL, adjournments are used as a weapon by unscrupulous litigants to weaken their opponents and force compromises, or simply to evade the long arm of the law

 
Mumbai: Aggrieved by constant adjournments of cases in the judiciary, an activist has approached the Bombay High Court seeking regulation of repeated adjournments sought by lawyers, reports PTI.
 
Activist Anil Gidwani, who himself suffered due to several adjournments in litigations in which he is involved, filed a public interest litigation (PIL) stating that many times adjournments are used by unscrupulous litigants to force compromises, or simply to evade the long arm of the law.
 
Gidwani approached the court after making applications under the Right to Information (RTI) to the small causes court and the High Court seeking to know the details of compliance of 'Order XVII of the amended Civil Procedure Code (CPC), 2002,' but was denied the information.
 
The provision deals with adjournments for civil suits, and lays down that the court should record reasons for adjournment in writing and that no such adjournment should be granted more than three times to a party during the hearing of the suit.
 
"Adjournments are used as a weapon by unscrupulous litigants to weaken their opponents and force compromises, or simply to evade the long arm of the law," Gidwani contended.
 
He also pointed out that adjournments in some cases were also sought to financially weaken litigants, as they sometimes need to pay advocates even for days when hearings were not conducted.
 
A division bench of Chief Justice Mohit Shah and Justice Nitin Jamdar while hearing the petition on Thursday noted that inadequate number of judges was also a reason for cases dragging on for long.
 
The PIL has demanded that the civil courts in the state should adhere to the CPC, and the registrars of all courts should be directed to start maintaining details of adjournments, including reasons.
 
The case will be heard after two weeks.

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COMMENTS

MOHAN

5 years ago

Thank you, Anil Gidwani

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