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.