On Monday, the High Court of Allahabad expressed its doubt regarding the right of the counsel seeking adjournment because of non-availability of the Senior Advocate.
Sri Yadvendra Singh, learned counsel for the petitioner submitted that he was not prepared with the matter, though counter affidavit and rejoinder affidavit have been exchanged. He submitted that matter is to be argued by Sri Ashok Khare, Senior Advocate.
Single Bench of Hon’ble Justice Vivek Agarwal opined that non-appearance cannot be put forth as a ground for seeking adjournment. Also, as per the understanding of this court, the Senior Advocate appears on the say and instruction given by the instructing counsel.
The Court remarked:
“Let this matter of engagement of Senior Advocate, their name being reflected in the cause list and right of a counsel to seek adjournment due to non-availability of a designated Senior Advocate, be addressed on the next date in terms of the provisions contained in the Advocates Act and the Rules and Regulations framed by Bar Council of India, so also U.P. State Bar Council”.
Further, the Court decided that to address the aforementioned issue, the date of next hearing will be 15th January, 2021.
