Adjournment in CPC
Adjournment under CPC
1. What is Adjournment?
Adjournment means the postponement or suspension of a court hearing or proceeding to a later date. It is a procedural device allowing courts to delay the hearing or trial for various reasons.
In litigation, adjournment is commonly sought by parties or granted by the court to provide more time for preparation, filing documents, appearance of witnesses, or other legitimate reasons.
2. Legal Provisions Regarding Adjournment
The Code of Civil Procedure (CPC) does not expressly define "adjournment."
However, powers to grant adjournments are inherent in the court’s authority to regulate its proceedings and are exercised in line with the principles of fairness and justice.
The practice and rules regarding adjournments are found in various court rules, practice directions, and judicial precedents.
Order XVII Rule 1 CPC gives courts power to proceed ex parte if parties do not appear, implying that adjournments are a matter of discretion.
Section 151 CPC (inherent powers of the court) empowers courts to adjourn proceedings to meet ends of justice.
3. Grounds for Adjournment
Common grounds on which adjournment may be sought or granted include:
Illness of a party or lawyer.
Absence of a material witness.
Need for additional documents or evidence.
Necessity of legal research or instructions.
Pending settlement negotiations or mediation.
Lack of proper notice or summons.
Death or serious illness of a party or lawyer.
4. Principles Governing Adjournment
Discretion of the Court: Granting or refusing adjournment lies within the sound discretion of the court.
No Absolute Right: Parties do not have an absolute right to adjournment; it is a privilege granted only for sufficient cause.
Reasonable Grounds: Adjournment must be sought on reasonable grounds, not frivolous or for delay tactics.
Balance of Convenience: Courts balance the prejudice caused to the opposing party by the adjournment.
Avoidance of Delay: Courts are generally reluctant to adjourn cases repeatedly, especially if it causes unnecessary delay or abuse of process.
Strict Adjournment Practice: Courts promote strict adherence to the schedule to ensure expeditious justice.
5. Procedure for Seeking Adjournment
The party seeking adjournment generally makes an oral or written application before the court.
The application should state the grounds and reasons for the request.
The court may require supporting evidence or affidavit in some cases.
The court may grant the adjournment conditionally or refuse it.
If adjournment is refused, the court may proceed ex parte or pass appropriate orders.
6. Important Case Laws on Adjournment
a) State of Punjab v. Surjit Singh (AIR 1964 SC 1060)
Held: Adjournment is a matter of discretion, not a matter of right.
The Supreme Court emphasized that courts must guard against adjournments being used as a tool for delay and oppression.
Courts should refuse adjournment if it causes undue delay and injustice to the opposite party.
b) Sunil Batra v. Delhi Administration (AIR 1978 SC 1675)
The Supreme Court observed that adjournments should not be granted indiscriminately or as a matter of routine.
Adjournments are to be granted only on sufficient cause to avoid delay and injustice.
c) Surjit Singh v. Punjab State Electricity Board (AIR 1976 SC 1685)
Held that courts should balance the right of a party to be heard with the need to prevent abuse of process by repeated adjournments.
Courts may impose costs or conditions to discourage frivolous adjournments.
d) K.K. Verma v. Union of India (AIR 1967 SC 1199)
Courts have inherent powers under Section 151 CPC to regulate adjournments.
Adjournments should not be granted lightly if it hampers the delivery of justice or causes hardship to the opposite party.
7. Impact of Adjournment
Adjournment may lead to delay in disposal of cases, which is a major concern in Indian judiciary.
Frequent adjournments cause backlog and clogging of court dockets.
Courts, therefore, have adopted a strict policy on adjournments to promote timely justice.
Parties are expected to use adjournments judiciously and not to cause unnecessary delays.
8. Adjournment vs. Dismissal
If a party repeatedly seeks adjournments without good cause or fails to appear after adjournments, the court may dismiss the suit or application for default.
The court has powers to proceed ex parte or impose costs for abuse of adjournment privilege.
9. Summary
| Aspect | Explanation |
|---|---|
| Definition | Postponement of court hearing or proceeding to a later date. |
| Discretion | Courts have discretion to grant or refuse adjournment. |
| Grounds | Illness, absence of witnesses, need for evidence, etc. |
| No absolute right | Parties cannot claim adjournment as a matter of right. |
| Judicial caution | Courts are cautious to prevent adjournment abuse. |
| Effect of repeated adjournments | May cause dismissal or ex parte decision. |
10. Illustration
If a party’s lawyer falls ill suddenly and cannot appear, the party may seek an adjournment for the next date. The court may grant a short adjournment considering the illness as reasonable cause. However, if the same party seeks adjournment repeatedly without valid reasons, the court may refuse and proceed with the trial.
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