Case Note & Summary
The case involved a first appeal pending in the High Court of Gujarat since 1985, concerning a dispute between the parties. The court noted the prolonged nature of the litigation and decided to adjourn the matter to 23.12.2019, providing a last opportunity for the parties to explore an amicable settlement. The court instructed the advocates for both sides to facilitate discussions regarding a potential resolution and mandated the presence of the parties at the next hearing. Additionally, the court required the appellant's advocate to provide information regarding the demise of a respondent for necessary substitution. The decision aimed to promote justice and encourage resolution outside of court proceedings.
Headnote
A) Civil Procedure - Adjournment of Appeal - Last Chance for Settlement - Code of Civil Procedure, 1908, Order 22 - The court adjourned the appeal pending since 1985 to allow parties to explore amicable settlement and directed the presence of parties on the next date. Held that the adjournment serves the interest of justice and facilitates potential resolution (Paras Not mentioned).
Issue of Consideration
Whether the matters should be adjourned for exploring amicable settlement and substitution of deceased respondent.
Final Decision
The court adjourned the appeal to 23.12.2019, allowing both parties to explore the possibility of an amicable settlement and required their presence at the next hearing.
Law Points
- Adjournment
- Amicable Settlement
- Substitution of Parties
