Adjournments

Adjournments

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Civil Suit Repeated adjournments are depreciable particularly when there is no just and sufficient cause. However, in the larger interest of justice the effect of such refusal or rejection of application for adjournment can also be born in mind. Reasonable costs can be imposed upon the party applying for adjournments and if such applications are repeated even exemplary costs be imposed before taking a drastic action to close the case. Defendants were disabled from the proceeding with the trial due to the absence of their counsel who had gone out of town. In such cases refusal to grant permission to cross-examine the witness on the ground that repeated applications were made for adjournments maybe harsh. Impugned order is set aside subject to the petitioners/ defendants paying costs in the sum of Rs. 5,000/-.

Suit for recovery of money –Adjournments- Petitioners already sought five adjournments in examining the witness-court should not normally grant adjournments after three opportunities have been given to the parties- Nevertheless subsequent adjournments are to be granted in very exceptional circumstances- court can always resort to granting exemplary costs to ensure adjournments are not sought on flimsy and untenable grounds.

Adjournments- Cap on adjournments to a party during the hearing of the suit provided in proviso of the to Order XVII Rule 1 CPC is not mandatory. In a suitable case, on a justifiable cause the court may grant more than three adjournments to a party for its evidence but ordinarily the cap should be maintained – ‘Justifiable Cause’ mean a cause which is not only ‘sufficient cause’ but a cause which makes the request for adjournment by a party beyond three adjournments unavoidable and sort of a compelling necessity- party to the suit is not at liberty to proceed with the trial at its leisure and pleasure and has no right to determine when the evidence would be let in by it or the matter should be heard.