Civil Procedure Code- Adjournment (Order 17)

Adjourn mean break off or pause with intention to resume later.

Remember the "Tarikh pe Tarikh pe Tarikh" dialogue?

Well, this order is kind of responsible for such dialogue.

Rule 1 of order empowers the court to grant time and adjourn the hearing.

Here are some important points in Rule 1:

Rule 2 deals with a scenario when party fails to appear. In such case Court can dispose a suit as per Order 9. Meaning if plaintiff is absent court can dismiss the suit, or when defendant is absent court can pass decree in favor of plaintiff.

Rule 3 deals with a scenario when party fails to produce an evidence. In such a case Court can proceed further and decide about the suit.

M/S Shiv Cotex vs Tirgun Auto Plast P.Ltd.& Ors

Court came down heavily on above case. And rightly so. These days adjournment is used as dilatory(delaying) tactics by many parties only to frustrate other parties. It is deliberately done to frustrate opposite parties. 

Court's observation in above case:

Court also illustrated with some example when adjournment should be granted and when it should not be.

That's an overview of adjournment under Civil Procedure Code.

Legalfundaa

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