Taking a strict stance against the practice of seeking adjournments in matters fixed for final disposal without prior notice, the Rajasthan High Court has imposed a cost of ₹25,000 in the case of Sarita Kumari v. The State of Rajasthan.
The Single Bench of Justice Ashok Kumar Jain expressed strong disapproval after the counsel for the respondent failed to appear for the final hearing, sending a proxy counsel to seek an adjournment instead.
Background of the Case
The matter (S.B. Civil Writ Petition No. 11423/2023) was listed before the High Court on November 27, 2025. Previously, on November 1, 2025, the Court had specifically fixed this date for “final disposal” in the presence of Mr. Yuvraj Samant, the counsel for the respondents.
However, when the matter was called out for hearing, Mr. Tilak Vaid appeared on behalf of Mr. Samant. He submitted that Mr. Samant was unavailable as he had travelled to Jodhpur to attend another case, and consequently sought an adjournment.
Court’s Observations
Justice Jain noted that the date had been fixed with the clear knowledge of the counsel. The Court observed that despite knowing the date in advance, no application for adjournment had been filed.
In its order, the Court stated:
“Having considered the submission and also the fact that on 01.11.2025, this Court has fixed the date of 27.11.2025 and despite knowing the fact in advance, no application is filed for adjournment and same is sufficient to cause inconvenience to other counsel and also give a bad impression to the party concern.”
The Decision
While the Court acceded to the request for adjournment, it did so subject to a heavy cost.
- Cost Imposed: The Court imposed a cost of ₹25,000/-.
- Deposit Details: The amount is to be deposited in the cost fund of the Rajasthan State Legal Services Authority (RSLSA) within two weeks.
- Recovery Clause: The Court directed that if the cost is not deposited within the stipulated time, the same “shall be recovered from RPSC” (Rajasthan Public Service Commission).
The matter has now been listed for final disposal on December 10, 2025, at 02:00 PM.
Case Details:
- Case Title: Sarita Kumari v. The State of Rajasthan
- Case No.: S.B. Civil Writ Petition No. 11423/2023
- Bench: Justice Ashok Kumar Jain
- Representation:
- For Petitioner: Mr. Tribhuvan Narayan Singh
- For Respondent: Mr. Tilak Vaid for Mr. Yuvraj Samant; Mr. Vishal Kumar for Mr. Manoj Sharma, AAG
