HC judge lashes out against 'culture of adjournments'

TNN, 29 January 2010, 01:59am IST
Topics:Delhi high court judge Justice S N Dhingra

NEW DELHI: A Delhi high court judge has blamed his colleagues for the "culture of adjournment'' that often prolongs cases for years.

Rueing the "lattitude shown by the high court'' to lawyers who plead for adjournments, justice S N Dhingra said: "It appears as if there is an understanding between the courts and advocates that come what may the orders of trial courts refusing adjournments shall be set aside on mercy pleas and one more opportunity shall be granted.''

Claiming that courts often grant adjournments on "frivolous grounds'', Dhingra said: "A separate breed of advocates has cropped up who are experts in pleading for adjournments and dragging cases. This culture has to be brought to an end,'' the HC noted, while upholding a order passed by a guardianship court in a child custody dispute between a couple. The court refused to adjourn the case when the woman's lawyer claimed that he had left the case files in his car which was stolen 11 days ago.

The HC agreed with the decision of the lower court to proceed with the hearing and close cross examination of witnesses, despite protests by the advocate of the child's mother. "Adjournments are sought in the name of strikes, elections, personal difficulties of the senior or briefing counsels or because two counsels agree to an adjournment... This wholeculture of adjournment is a major reasons why a case or a petition, which should be decided in two or three hearings, is disposed of in more than 100 hearings,'' the HC noted while dismissing the appeal filed by the child's motheragainst the lower court's order.

Dhingra said since the child was currently with the mother, she was making all attempts to prolong the hearings into the custody dispute.

http://timesofindia.indiatimes.com/city/delhi/HC-judge-lashes-out-against-culture-of-adjournments-/articleshow/5511075.cms