advocate by name Shri Narvekar was also appearing in the matter and though present in the Court did not conduct the matter. After rejecting the adjournment application the witnesses for the defendants were discharged. It may not be out of place to state that on 20.12.06 a witness of the defendant was under the cross examination of the plaintiff and the cross examination was to be continued on the said date. The Court then passed an order of no cross, I am informed. As the plaintiff was declined right to further cross examine the witness, defendant Nos. 2 to 7 filed pursis before the trial Court that they do not want to lead any further evidence. An application was moved on 6.1.06 for recalling of the order dated 20.12.06. The said application also came to be rejected. Perusal of the impugned order passed below Ex.255 reveals that the trial Court was disturbed on account of repeated adjournments sought by the plaintiff one pretext or the other. The trial Court has held that he has no power and jurisdiction to summon the witness so as to enable the plaintiff to cross examine him. In the above set of facts learned counsel for the petitioner has submitted that the stakes in the suit are high. The plaintiff is litigating since the year 1996 and the reason for seeking adjournment on 20.12.06 was that the advocate for the plaintiff was busy in the High Court and thus could not attend the proceedings of the suit. Thus the submission is that the client should not unnecessarily suffer even if there is some mistake on the part of counsel. In my view, the reason assigned by the trial Court for refusing adjournment is not proper. The trial Court has also committed patent illegality in holding that the Court has no power to summon witness for further cross examination. In the absence of any specific provision the Court can very well fall back on inherent powers under section 151 of the Code of Civil Procedure, of course, if the same is in furtherance of cause of justice. I am of the clear view that as evidence of the plaintiff is over and the
