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Gauhati High Court · body

1986 DIGILAW 69 (GAU)

Assam Textile Mills (Pvt. ) Ltd. and Others. v. United Bank of India and Others

1986-06-02

MANISANA

body1986
This revision petition arises from the order dated 19.1.1980 passed by the learned Assistant District Judge (II), Gauhati, in T.S. No. 41 of 1978. 2. The facts of the case may briefly be stated. The petiti­oner No. 3 who is one of the defendants in the above suit had to go to Delhi in connection with the marriage of his son Shri Uttam Singh. Kuthari to be solemnized on 22.1.1980. For this reason, the petitioner No. 3 could not appear before the Court on 19.1.1980 and accordingly a short adjournment was prayed for so as to enable him to come to Gauhati. The learned Assistant District Judge (II). Gauhati by an order dated 19.1.1980 refused the prayer for adjournment. 3. Mr. B. Sarma learned counsel for the petitioner, sub­mits that the learned Judge would have adjourned the case by awarding reasonable costs in favour of the plaintiffs; and that the learned Judge has acted illegally or with material irregularity in the exercise of its jurisdiction. Mr. Sarma further submits that if the impugned order is allowed to stand, it will cause a failure of justice or cause an irreparable injury to the petitioners. 4. The impugned order dated 19.1.1980 runs : "19.1.1980-Defendant is again seeking adjournment on a different ground by petition No. 59. In spite of repeated warnings deft, is after adjournments on various pleas. The petition is therefore rejected. Evidence is closed. Fix 25.2.80 for argument. Sd/-T. Sarmah Asstt. Dist. Judge No. 2, Gauhati." 5. O.17, R. 1, CPC provides that the Court may, if sufficient cause is shown, at any stage of the suit grant time to the par­ties or to any of them, and may from time to time adjourn the hearing of the suit the Court may also order as it thinks fit with respect to the costs occasioned by the adjournment. 6. The granting of an adjournment to a party under 0.17.R.1, CPC is left to the discretion of the Court. The discretion is to be exercised judicially and reasonably upon proper materials. The main object of vesting the discretion in the Court is to enable it to prevent the party from improperly delaying the proceedings. However, the Court should not be too technical in such a matter, and an adjournment should not be refused while sufficient cause for adjournment is shown. What is sufficient cause will depend upon the circumstances of each case. However, the Court should not be too technical in such a matter, and an adjournment should not be refused while sufficient cause for adjournment is shown. What is sufficient cause will depend upon the circumstances of each case. 7. In the present case, the learned Court below has not given any finding whether the ground on which adjournment was prayed for is sufficient cause or not for granting or refusing ad­journment. The exercise of its discretion to grant or refuse ad­journment depends upon findings as to the sufficiency or in stuffiness of the cause shown. In this view of the matter, the learned Court below has acted illegally or with material irregularity in the exercise of its jurisdiction. 8. Further, if the impugned order is allowed to stand, it would shut up the evidence of the petitioners. Therefore, the order will cause an irreparable loss to the petitioners. 9. Considering the over all circumstances of the case, I am of the view that the petitioner No. 3 has shown sufficient cause for adjournment, and that if the impugned order is set aside and an order made for payment of costs by the petitioners to the contesting respondents, it will meet the ends of justice. 10. In the result, the petition is allowed, the impugned or­der is set aside, and it is directed that the petitioners shall pay a costs of Rs. 200/- to the contesting respondents. The pe­titioners shall pay the costs within a month from the date of receipt of the records of the lower Court. The records shall be sent back immediately if not required in connection with any other case. With the above observation and direction the peti­tion is allowed and disposed of.