Ishwarlal Mali Rathod Vs Gopal And Ors. (Supreme Court of India)
Supreme Court of India has dismissed a petition filed by Ishwarlal Mali Rathod, a defendant in a long-standing eviction suit, and in its order, strongly criticized the practice of repeated adjournments that delay justice. The court’s judgment highlights the “classic example of misuse of the adjournments granted by the court,” a practice it described as a “colossal insult to justice.”
The case originated from a suit filed in 2013 by Gopal and others, seeking eviction, arrears of rent, and mesne profits against the original defendant, now deceased, and the petitioner, Ishwarlal Mali Rathod. The plaintiffs had filed an affidavit of evidence in 2014, and the suit was pending for cross-examination.
The court’s review of the case history revealed a pattern of delay tactics employed by the petitioner. From May 2015 to December 2019, the defendant sought and was granted at least ten adjournments to cross-examine the plaintiff’s witness. Despite being given “last opportunities” on multiple occasions, and even being fined with costs of Rs. 5,000, the petitioner consistently failed to proceed with the cross-examination.
The trial court, exasperated by the repeated delays, finally closed the defendant’s right to cross-examine the witness on December 21, 2020. This decision was upheld by the Madhya Pradesh High Court, which dismissed the petitioner’s challenge.
