ADJOURNMENT

1. a) What is adjournment?
Answer: After the beginning of the hearing of evidence, it will be continued day to
day until the final disposal of the suit. But, sometimes, for unavoidable reasons,
adjournments should be granted.

Court can postpone the proceeding for a future date for some valid reason such as
failure of party or witness to appear because of serious illness, getting additional
documents etc. The party may request an adjournment or court may adjourn the
proceeding on its own as well. The power to grant adjournment should be grant
judicially not reasonably.

The provisions regarding adjournments are given under Order 17 of the Code of Civil
Procedure, 1908. The Court may adjourn hearing of a suit or hearing of evidence when
applied for sufficient cause. Illness of advocate is a sufficient cause, but if the advocate
continues to be ill, the party should make alternative arrangement and cannot claim
adjournment as of right (NBK Co-op Housing v. Govindlal, AIR 1975 Guj. 173).

As because the litigants have been freely obtaining adjournment causing delay of
disposal of suits leading to serious harassment, amendment of the rule has been made
in 2003 by inserting sub-rule (3) to (7) to rule 1 narrowing down the discretion of the
Court. The Court shall not grant more than 6 adjournments at the instances to either
party to the suit before fixing a suit for peremptory hearing. Not more than 3
adjournments with cost can be allowed after 6 initial adjournments without costs.

Previously, the court could adjourn the hearing of the suit suo motu without being
applied for by any of the parties. Sub-rule (6) of rule 1 reiterates the position and
requires that the court should record reasons for such adjournments.

b) When adjournments may be granted?

Answer: Rule 1 of Order XVII of the Code of Civil Procedure, 1908 says the time of
adjournments in a suit. The said rule says that 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. While granting adjournment, the
discretionary power of the court must be exercised fairly and reasonably and arbitrarily.

1|Page
 ADJOURNMENT
An adjournment should not be granted if no sufficient cause is shown and adjournment
should not be refused when it is asked of on sufficient grounds. Adjournment is not a
matter of course and even when both parties want it (Mahbubur Rahman v. Agrani Bank,
55 DLR (AD) 61).

Court should not adjourn suits indefinitely. An adjournment should not be granted by a
court inter-alia on the grounds of:

 Sickness of a party, witness or his advocate;

 Non service of summons;

 Reasonable time for preparation of case;

 Withdrawal of appearance by a pleader at the last moment etc.

c) When adjournment may be refused?

Answer: Adjournment may be refused on the following grounds:
 An adjournment should not be granted if no sufficient cause is shown;

 An adjournment may be refused by a Court inter-alia on the grounds of:

 Engagement of an advocate in another court;

 Unreasonable conduct of a party or his advocate;

 Refusal to examine or cross-examine a witness present in the Court;

 Assurance or undertaking by the party or his pleader at the previous

hearing to proceed with the case at the next hearing;

 The case being very old, direction by a superior court to dispose of the
matter expeditiously etc.

2|Page