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TMI Blog1999 (8) TMI 1020X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the present appeal has been filed. 3. The writ petition in which the above order was passed was listed before the High Court on 24.4.1996. The counsel appearing on behalf of the appellant had sent an Illness Slip . This is not disputed. It is also not disputed that the counsel was ill. It is further not disputed that the Chief Justice of the Allahabad High Court had granted the application of the appellant's counsel for adjournment of his cases on the ground of his being ill. The court, however, did not adjourn the case and proceeded to hear and dispose of the writ petition on merits in the absence of the appellant's counsel. The writ petition, as pointed out earlier, was ultimately dismissed and when an application for reca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the administration of justice in the Court, including any power to make rules of Court and to regulate the sitting of the Court and of members thereof sitting alone or in Division Courts, shall be the same as immediately before the commencement of this Constitution: [Provided that any restriction to which the exercise of original jurisdiction by any of the High Courts with respect to any matter concerning the revenue or concerning any act ordered or done in the collection thereof was subject immediately before the commencement of this Constitution shall no longer apply to the exercise of such jurisdiction.] 6. This Article provides that the jurisdiction of the High Court, the law administered therein and the respective powers of Judg ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sired to be postponed specifying the occasion or occasions, if any, when any such case was previously postponed under this Rule. It shall also indicate the cases in which the date of hearing has been fixed by a Bench. If any omission or inaccuracy in this regard is discovered, the application (or if any advocate whose such application has been allowed is found to have appeared before any of the Benches of the Court or before any other Court or Tribunal except where the postponement has been ordered specifically on ground of appearance before any particular Court or Tribunal, in any case, whether for orders, admission or hearing), the application for postponement of cases shall stand rejected automatically. 8. The Chief Justice has the ex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was the duty of the Registry that the cases in which he was appearing as a counsel were not shown in the cause-list before any court. This case, incidentally, was shown in the cause-list on 24th April, 1996 and was disposed of. It is stated in the application for recall of that order that the counsel had sent an 'Illness Slip', but this plea has not been accepted by the Court on the ground that the Illness Slip was not brought to the notice of the Court. It is important to note that the fact that the 'Illness Slip' was sent to the Court is not disputed. What is disputed is that this was not brought to the notice of the Court. The tradition in the Allahabad High Court is that an Illness Slip is usually given to the Court Ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat interim orders once obtained have notoriously been found to have continued for a long time merely on the Illness slip and, therefore, the facility of adjournment on this basis should be abolished so that the litigant whose counsel has fallen ill, may make alternative arrangement and the hearing of the case may not be affected. That may be true in rare cases and in that situation the Judges would not act upon the Illness Slip if it is found, from a mere look at the running order sheet, that the facility has been misused or abused. But, isolated examples would not be destructive of the noble tradition. Moreover, litigants in this country are generally poor (agriculturists) coming from rural areas or they are govt. servants or workmen ..... X X X X Extracts X X X X X X X X Extracts X X X X
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