The Madhya Pradesh High Court has held that seeking unnecessary adjournments by the Advocates would amount to professional misconduct.
While hearing the petition in a civil suit, Justice Gurpal Singh Ahluwalia pointed out that the adjournments are growing like cancer, which is eroding the system.
The Court further said that the advocates are not mouthpieces of their clients for the purpose of delaying court proceedings, and they have the sacrosanct duty towards the court.
The petition was pending from 2017 and the further proceedings of the civil suit have stayed. When the matter came up for hearing, the counsel sought for time for arguments. Later, two opportunities were given to the counsel, however, the proceedings could not be completed as the counsel sought for further adjournments.
Dissatisfied by these actions, the Court said 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.
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“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 and the 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. It is also high time when the Bar must either accept its responsibility for unnecessarily seeking adjournments or must teach their members, that have joined the noble profession, it is the duty of every lawyer to devote full time to prepare the cases,” the court said.
The court said seeking adjournments for no reason does amount to professional misconduct. It added that Bar Councils must also rise to the occasion either by issuing necessary instructions to the advocates on its roll or by taking disciplinary action against the advocate if any complaint with regard to seeking unnecessary adjournments by the advocate is made.
“A time has come, where the Bar has to raise its standard and must fulfill the expectations of the litigating parties, for early disposal of the cases. Justice delayed justice denied. 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. Once, the lawyer has accepted the brief, then it is his bounden duty towards the institution. They have a duty towards their client, they have a duty to prepare the case and present the case properly without suppressing any fact so that they can effectively assist the Court,” the court said.
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