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Supreme Court of India 2021-09-20 dismissed

Ishwarlal Mali Rathod vs Gopal and Ors

Bench: 2 — M.R. Shah

In Brief

An eviction suit filed in 2013 was delayed for years due to the defendant repeatedly seeking adjournments while avoiding cross-examination of the plaintiff's witness. Despite multiple opportunities, including two designated as 'last chance' with cost imposed, the defendant failed to cross-examine. The trial court closed the right to cross-examine; the High Court confirmed this order. The Supreme Court dismissed the defendant's special leave petition, holding that repeated adjournments amount to abuse of procedure and gross misuse of court time. The Court emphasized that speedy justice is fundamental to public confidence in the legal system and condemned dilatory tactics.

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Civil Procedure Adjournment Trials and Evidence Witness Examination Eviction Judicial Efficiency Access to Justice Speedy Trial

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