BASHIR AHMED versus MEHMOOD HUSSAIN SHAH.

BASHIR AHMED versus MEHMOOD HUSSAIN SHAH.

A party whose counsel has suddenly fallen ill should be allowed reasonable time to engage another counsel; refusal to grant a short adjournment when no time had elapsed for alternative arrangements constitutes grave error and violates procedural fairness under Order 17 Rule 1(2) CPC.

Source-derived case information.

Parties
Appellant: Bashir Ahmed; Respondent: Mehmood Hussain Shah
Jurisdiction
India
Judgment Date
20 March 1995
Procedural Posture
Civil Appeal / Supreme Court Appeal by Special Leave From High Court Order Dismissing Revision
Outcome
Appeal allowed
Legal Topics
Adjournment, Forfeiture of Cross Examination, Counsel's Illness, Reasonable Time to Engage Counsel
Civil Procedure Adjournment Forfeiture of Cross Examination Counsel's Illness Reasonable Time to Engage Counsel

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Bashir Ahmed

Appellant

Mehmood Hussain Shah

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal by Special Leave From High Court Order Dismissing Revision

Legal Issues

  1. 1 Whether adjournment should have been granted due to counsel's illness
  2. 2 Interpretation of 'in time' in proviso (d) to Order 17 Rule 1(2) CPC

Ratio Decidendi

A party whose counsel has suddenly fallen ill should be allowed reasonable time to engage another counsel; refusal to grant a short adjournment when no time had elapsed for alternative arrangements constitutes grave error and violates procedural fairness under Order 17 Rule 1(2) CPC.

Court Disposition

Appeal allowed

Orders

  • Trial court to fix date for cross-examination of respondent-plaintiff; appellant to proceed with trial on that date.
  • Appellant to be given opportunity to cross-examine any other witnesses recalled.