Case Note & Summary
The petitioner, Umesh Himmatlal Gandhi, filed a Special Civil Application under Articles 226 and 227 of the Constitution of India challenging orders passed by the Principal Civil Judge, Waghadiya in Regular Civil Suit No.14/2016. The suit was filed by the petitioner for cancellation of a sale deed and setting aside a consent decree, seeking restoration of Regular Civil Suit No.179/2015. The petitioner had filed an affidavit as examination-in-chief. On 15.03.2021, due to the COVID-19 pandemic and the petitioner's serious ill-health (tongue biopsy on 12.02.2021), his advocate filed an adjournment application (Exh.84), which was rejected. Consequently, the stage of cross-examination of the petitioner was closed. The petitioner argued that he was unable to travel from Mumbai to Waghodia due to weakness and medical advice for complete rest, supported by a medical certificate. The High Court found that the trial court committed a jurisdictional error by not granting adjournment, causing great injustice. The court allowed the petition, quashing the impugned orders and directing the trial court to restore the suit to the stage of cross-examination of the petitioner, with costs of Rs.5,000 payable to the respondents.
Headnote
A) Civil Procedure - Adjournment - Medical Grounds - Code of Civil Procedure, 1908, Order 17 Rule 1 - The trial court rejected the petitioner's application for adjournment due to serious ill-health and COVID-19 pandemic, closing the cross-examination. The High Court held that the petitioner was prevented by sufficient cause and the rejection caused injustice, warranting restoration of the opportunity for cross-examination (Paras 5-7).
Issue of Consideration
Whether the trial court erred in rejecting the petitioner's application for adjournment and closing the cross-examination of the petitioner despite medical and pandemic-related reasons.
Final Decision
The petition is allowed. The impugned orders below Exh.84 dated 15.03.2021 and below Exh.85 and 86 dated 18.03.2021 are quashed and set aside. The trial court is directed to restore Regular Civil Suit No.14/2016 to the stage of cross-examination of the petitioner and proceed further. The petitioner shall pay costs of Rs.5,000 to the respondents.
Law Points
- Civil Procedure
- Adjournment
- Cross-Examination
- Medical Grounds
- COVID-19 Pandemic
- Natural Justice
