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july 2016

Supreme Court of India · 2016-07-27

GAYATHRI vs M. GIRISH

Citation / case number
SC 2016/24662
Court
Supreme Court of India
Petitioner
GAYATHRI
Respondent
M. GIRISH
Author
Dipak Misra

Judgment text excerpt

The Supreme Court addressed the misuse of adjournments in litigation, emphasizing that repeated requests for adjournments under Order XVII Rules 1 and 2 of the Code of Civil Procedure can constitute an abuse of process. The Court held that the defendant's persistent failure to participate in the proceedings, despite multiple opportunities and adjournments granted by the trial court, warranted dismissal of the application for adjournment and a directive to expedite the trial. The Court underscored the need for timely justice, particularly for elderly litigants, and affirmed the trial court's decision to proceed with the case despite the defendant's absence.

GAYATHRI vs M. GIRISH · Niyam