AM VIII

ADJOURNMENTS UNDER THE

CODE OF CIVIL PROCEDURE, 1908

Ms. Megha Nagpal

Symbiosis Law School, NOIDA
 What will we cover?

■ Topic ‘12.1’ (Video 8) for Asynchronous Mode

■ Adjournments under Order XVII of the Code of Civil Procedure, 1908
■ Discussed through the Or. XVII and Shiv Cotex v. Tirgun Auto Plast P
Ltd (2011) 9 SCC 678

Ms. Megha Nagpal, July 2020

 When can Adjournment be granted?

■ When sufficient cause is shown by a party

– Order XVII, Rule 1. Court may grant time and adjourn hearing.—sub-rule 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 time to a party during hearing of the suit.
■ Sub-rule 2: Costs of adjournment.—
– In every such case the Court shall fix a day for the further hearing of the suit, and
shall make such orders as to costs occassioned by the adjournment or such higher
costs as the court deems fit:

Ms. Megha Nagpal, July 2020

 Conditions to be considered before grant of adjournment
■ Proviso to Rule 1, Or. XVII —
– (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-in-
chief or cross-examination of the witness, as the case may be, by the party or his
pleader not present or not ready as aforesaid.

Ms. Megha Nagpal, July 2020

 Shiv Cotex v. Tirgun Auto Plast P Ltd (2011) 9 SCC 678
“No. litigant has a right to abuse the procedure provided in the Code of Civil Procedure. …
It is true that cap on adjournments to a party during the hearing of the suit provided in
proviso to Order XVII Rule 1 Code of Civil Procedure is not mandatory and in a suitable
case, on justifiable cause, the court may grant more than three adjournments to a party
for its evidence but ordinarily the cap provided in the proviso to Order XVII Rule 1 Code of
Civil Procedure should be maintained. … When we say 'justifiable cause' what we mean to
say is, a cause which is not only 'sufficient cause' as contemplated in Sub-rule (1) of Order
XVII Code of Civil Procedure but a cause which makes the request for adjournment by a
party during the hearing of the suit beyond three adjournments unavoidable and sort of a
compelling necessity like sudden illness of the litigant or the witness or the lawyer; death
in the family of any one of them; natural calamity like floods, earthquake, etc. in the area
where any of these persons reside; an accident involving the litigant or the witness or the
lawyer on way to the court and such like cause. The list is only illustrative and not
exhaustive.”

Ms. Megha Nagpal, July 2020

 Consequences of Failure to appear: Rules 2 & 3
Rule 2. Procedure if parties fail to appear on day fixed.—Where, on any day to which the
hearing of the suit is adjourned, the parties or any of them fail to appear, the Court may
proceed to dispose of the suit in one of the modes directed in that behalf by Order IX or make
such other order as it thinks fit.
Explanation.—Where the evidence or a substantial portion of the evidence of any party has
already been recorded and such party fails to appear on any day to which the hearing of the suit
is adjourned, the Court may, in its discretion proceed with the case as if such party were
present.

Rule 3. Court may proceed notwithstanding either party fails to produce evidence,
etc.—Where any party to a suit to whom time has been granted fails to produce his evidence, or
to cause the attendance of his witnesses, or to perform any other act necessary to the further
progress of the suit, for which time has been allowed the Court may, notwithstanding such
default, (a) if the parties are present, proceed to decide the suit forthwith; or (b) if the parties
are, or any of them is, absent, proceed under rule 2.

Ms. Megha Nagpal, July 2020

 Thank you for listening!
■ Mandatory Readings:
1. Notes from Commentary by Takwani (for Academic Purpose Only)
2. Shiv Cotex v. Tirgun Auto Plast P Ltd (2011) 9 SCC 678

■ The PPT presentation is available on Microsoft Team.

■ Do read the mandatory reading & update your Reflective Lesson Log as homework.

■ If you have any doubts, you can email to me or ask during the last 20 minutes of the
scheduled synchronous lecture next week.

Until the next session..!

Ms. Megha Nagpal
Symbiosis Law School, NOIDA