The Allahabad High Court has expressed dissatisfaction on the acts of counsels seeking unnecessary adjournments ultimately affecting the justice-dispensation system in the judiciary.
“We are constrained to say the virus of seeking adjournment has to be controlled. The saying of Gita: Awake! Arise! Oh Partha is apt here to be stated for guidance of trial courts.”
The above remark has been given by the Single Bench of Justice Rekha Dikshit while dealing with a petition filed by Radha to pass direction for the Judicial Magistrate, Faizabad to decide a pending case of 2018 under Sec. 12 of the Domestic Violence Act.
It has been submitted by the Petitioner before the court that ends of justice would be met if necessary direction is issued to learned Judicial Magistrate-I, District- Faizabad to consider and decide the aforesaid case, in accordance with law, within stipulated time, to which, learned AGA has no objection.
The court while placing the reliance on the judgments passed by Apex Court in case of Gayathri vs. M. Girish and Shiv Cotex v. Tirgun Auto Plast (P) Ltd., has oserved that,
"The speedy justice is the fundamental right of every litigant but at the same time the long pendency of old cases also cannot be ignored and no one can be permitted to linger on the proceedings unnecessarily."
The court has directed the Judicial Magistrate-I, District- Faizabad to consider and decide the aforesaid case in accordance with law after affording opportunity of hearing to all parties concerned expeditiously within three months.
Case details:
Case :- U/S 482/378/407 No. - 144 of 2021
Applicant :- Radha
Opposite Party :- State Of U.P. & Anr.
Counsel for Applicant :- Neera Yadav,Shailendra Kumar Tripathi
Counsel for Opposite Party :- G.A.
Bench: Justice Mrs. Rekha Dikshit
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