Adjournment
Guest
(Querist) 08 December 2011
This query is : Resolved
Sir, i filed a civil suit for partition in a district court in tamilnadu during 2007. After 4 years,it was posted to fast track court during March 2011. Even for listing the case repeated requisition of time was asked by the defendants and this dragging went on for another 6 months. Now after listing, from my side i have submitted 21 exhibits as evidence and the judge told defendant's advocate that i may be cross-examined the same day after submitting the exhibits, but from that time onwards till yesterday's adjournment (07-12-2011)they fail to appear and asking time for cross-examination. This is an easy method of dragging the case. Is there any way legally to restrict the number of adjournments or any representation may be made to the judge through my advocate?
M.Sheik Mohammed Ali
(Expert) 08 December 2011
in civil suit take time for get judgment or decree, so every time your lawyer mentioned before the judge that the defendant take long time for cross examine.
ajay sethi
(Expert) 08 December 2011
generally judges have to be strict and refuse to adjourn the case . since case is part heard and trial has startted court ought to refuse lengthy adjournments . insist on costs be paid for adjournment and request the court to record that last chance ahs been given to defendant to cross examine witness
Guest
(Querist) 08 December 2011
Respected Experts, is there any legal remedy like approaching higher courts to instruct the defendants to restrict the number of adjournments. Please explain. Really this is frustating. Thanks.
Advocate. Arunagiri
(Expert) 08 December 2011
I have a civil suit which is dragging from 2001. This is the fate of the civil cases.
prabhakar singh
(Expert) 08 December 2011
Civil cases have more greater age cycle than parties and the system is so designed that it is planted by grand father whose fruits come to grand son.Its another kind of coparcenary.
Shailesh Kumar Shah
(Expert) 08 December 2011
file writ petition under article 227 for praying speedy disposal of the case.
Raj Kumar Makkad
(Expert) 09 December 2011
I also do agree with the detailed advices of the experts.
Satyendra Kumar Pandey
(Expert) 09 December 2011
You can get please see order XVII Rule 2 Proviso (a) and request to court to commence your hearing day to day basis. Although the provisos of the Rule 2 Order XVII is too clear if studied carefully.
If you have any query then call me.
Guest
(Querist) 10 December 2011
Sir,order XVII Rule 2 Proviso (a), is it applicable to lower district fast track courts too? The additional judge was strict initially and now lenient to the defendant's side!!!
prabhakar singh
(Expert) 10 December 2011
Yes! It does apply to lower district fast track courts.The rules have gone changed in this regard but practice to follow changes is still slower.
The provision is posted here for your ready reference:
Civil Procedure Code 1908
ORDER XVII. ADJOURNMENTS
ORDER XVII. ADJOURNMENTS
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 orders as to costs occassioned 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 unti 1 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.]
1. Subs, by Act No. 46 of 1999, section 26 (w.e.f 1-7-2002).
2. Subs. Act No. 46 of 1999, section 26 for certain words (w.e.f 1-7-2002).
3.Subs, by Act No. 104 of 1976, for the previous proviso (w.e.f. 1-2-1977)
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.
1[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.]
1. Ins. by Act No. 104 of 1976 (w.e.f.1-2-1977).
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, 1[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].
1 Subs, by Act No. 104 of 1976 for certain words (w.e.f. 1-2-1977).
DEFENSE ADVOCATE.-firmaction@g
(Expert) 08 December 2011
