Case Law Details
Ram Nath and Ors. Vs Deputy Director Of Consolidation District Hardoi and Ors. (Allahabad High Court)
It is common practice in the District Courts and the High Court for the advocates to pass “‘Illness Slip’ and the matter is usually passed over by the Courts. It is likely that the advocate may be unwell but there is also likelihood that the ‘illness slip’ is just a device/ruse employed by the said advocate to circumvent hearing/further proceedings of the Court.
With mounting pendency and clogging of the whole judicial system, such latent device for seeking Adjournment by using this ‘device’ is indeed unhealthy and unwarranted. It is pertinent that as a part of our Government’s initiative for ease of doing business certain reforms are being implemented to limit the number of adjournment in the Courts to enable timely disposal of cases in the courts. A maximum three adjournment are permissible for the disposal of a case. It is indeed a matter of grave concern that there is a backlog of 2.19 crore cases and it will take more than a century to clear the said pendency at the current pace. In fact, henceforth in commercial courts a new practice is being introduced wherein presiding judges will get Red, Green and Orange indicators representing the number of adjournment given in the case.
Recently, the Allahabad High Court in Consolidation case No. 802 of 2015 Ram Nath And Ors. vs. Deputy Director of Consolidation District Hardoi And Ors. decided in 13th August, 2021 dealt with the menace of illness slips. The brief facts are that the counsel of the petitioner sent illness slip although he was present in the Court premises. The Court summoned the said counsel and enquired the reason of his ‘undesirable’ act to which he submitted that he was having a headache, therefore, he had sent an illness slip.
The Court was not satisfied with the explanation offered by the counsel and deprecating the practice observed thus:
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