The Code Of Civil Procedure 1908
Order XVII :
Adjournments :
Rule 1 :
Court may grant time and adjourn hearing :
1.[(1) The Court may, if sufficient cause is shown, at any stage of the suit grant time to the parties or to any of them, and may from time to time adjourn the hearing of the suit for reasons to be recorded in writing:
Provided that no such adjournment shall be granted more than three times to a party during hearing of the suit.]
(2) Costs of adjournment.-In every such case the Court shall fix a day for the further hearing of the suit, and 2.[shall make such order as to costs occasioned by the adjournment or such higher costs as the court deems fit]:
3.[Provided that,-
(a) When the hearing of the suit has commenced, it shall be continued from day-to-day until all the witnesses in attendance have been examined, unless the Court finds that, for the exceptional reasons to be recorded by it, the adjournment of the hearing beyond the following day is necessary.
(b) no adjournment shall be granted at the request of a party, except where the circumstances are beyond the control of that party.
(c) the fact that the pleader of a party is engaged in another Court, shall not be a ground for adjournment.
(d) where the illness of a pleader or his inability to conduct the case for any reason, other than his being engaged in another Court, is put forward as a ground for adjournment, the Court shall not grant the adjournment unless it is satisfied that the party applying for adjournment could not have engaged another pleader in time.
(e) where a witness is present in Court but a party or his pleader is not present or the party or his pleader, though present in Court, is not ready to examine or cross-examine the witness, the Court may, if it thinks fit, record the statement of the witness and pass such orders as it thinks fit dispensing with the examination-inchief or cross-examination of the witness, as the case may be, by the party or his pleader not present or not ready as aforesaid.]
State Amendment :
High Court Amendments-[Allahabad] :
Add the following proviso:
"Provided further that no such adjournment shall be granted for the purpose ofcalling a witness not previously summoned or named, nor shall any adjournment be utilised by any party for such purpose, unless the Judge has made an order in writing under the proviso to Order 16, rule 1." -(24-7-1926).
[Delhi] :
Same as that of Punjab.
[Himachal Pradesh] :
Same as that of Punjab.
[Punjab] :
(i) To rule 1, add the following as sub-rule (3):
"(3) Where sufficient cause is not shown for the grant of an adjournment under sub-rule (1), the Court shall proceed with the suit forthwith."
(ii) To rule 1(1) before the word "the Court" add the words "subject to the provisions of Order 23, rule 3".-(H.C. Notification No. 211, dated 21-7-1937).
[N.B.-These High Court Amendments relate to the provisions as existed before the 1999 Amendment Act.]
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1. Substituted by Act 46 of 1999, section 26, for sub-rule (1) (w.e.f. 1-7-2002).
2. Substituted by Act 46 of 1999, section 26, for certain words (w.e.f. 1-7-2002).
3. Substituted by Act 104 of 1976, section 68, for the previous proviso (w.e.f. 1-2-1977).
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