Bhopal:  Adjournments for no reason amount  to professional misconduct: MP HC

Bhopal: Madhya Pradesh High Court has observed that seeking adjournments for no reason by lawyers amounts to “professional misconduct”. Stating that adjournments are growing like a cancer, which is eroding the system, Justice Gurpal Singh Ahluwalia came down heavily on a lawyer who sought adjournment of a case.

The judge said advocates are not mouthpieces of their clients for the purpose of delaying court proceedings, and they have sacrosanct duty towards the court. He added that by seeking unnecessary adjournments, they were frustrating the legitimate right of one of the litigating party and thus, by adopting dilatory tactics, they are creating a situation where the litigating party may lose its faith in the judiciary.

“It is the duty of the Courts to decide the matters as early as possible, and if the lawyers refuse to co-operate with the Courts, then a time has come, where the Court would be left with no other option but to decide the matters on its own, by going through the record, and this situation would never help the litigating party.

Lawyers must understand that when they have been engaged by their clients with a hope and belief, that their counsel would place their case before the Court, in a most effective manner, then after having accepted the brief, it is the duty of the lawyer to live up to the expectation of his client, so that the faith and belief of the client on his lawyer may continue,” the court said.

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.,” the court said, adding that It said once the case is listed in the Cause list, then an advocate cannot refuse to argue the matter on the ground that older matters were also pending, therefore, the comparatively new matter should be adjourned, and should not be heard unless and until it becomes old.

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