Seeking Adjournments for no Reason Amounts to Professional Misconduct-Madhya Pradesh HC

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January 14, 2019

“Adjournments are growing like a cancer, which is eroding the system. A time has come, where the Bar has to raise its standard and must fulfill the expectations of the litigating parties, for early disposal of the cases.”

Case name: Nandu @ Gandharva Singh Vs. Ratiram Yadav and others

The High Court of Madhya Pradesh in this recent case has expressed disconcert on the manner in which the Respondent’s counsel sought adjournments during arguments as he was allegedly not ready to present the case before the Court. The Court took a serious notice of the Counsel’s conduct and took the opportunity to reflect on the adverse impact on Justice of taking unnecessary adjournments.

The Madhya Pradesh High Court while referring to plethora of judgments stated that adjournments are growing like a cancer, which is eroding the system. A time has come, where the Bar has to raise its standard and must fulfill the expectations of the litigating parties, for early disposal of the cases. Justice delayed justice denied.

It was also remarked by the Court that the Bar must not try to create hurdles in the justice dispensation system, by unnecessarily seeking adjournments and above all, must not try to pinch the Court, by saying that since, the adjournment has been refused, therefore, under compulsion, they are arguing the matters. Once, the lawyer has accepted the brief, then it is his bounden duty towards the institution. They have a duty towards their client, they have a duty to prepare the case and present the case properly without suppressing any fact, so that they can effectively assist the Court.

The Court strictly condemned the practice of seeking adjournments and opined that seeking adjournments for no reason does amount to professional misconduct and the Bar Councils must also rise to the occasion either by issuing necessary instructions to the Advocates on its roll or by taking disciplinary action against the Advocate, if any complaint with regard to seeking unnecessary adjournments by the Advocate is made.

The entire case can be accessed here.