Adjournment opportunities
Harjeet
(Querist) 13 January 2015
This query is : Resolved
Dear sir
I wanted to know that how many times a private respondent can get adjournment opportunities to submit reply in a civil writ petition in highcourt.
In one of our case respondent state has filed reply by the way of counter affidavit in second opportunity (3rd hearing) but private respondents sought time second time to file reply. Can they take more time on next hearing. We are ready to argument on state's reply.
Isaac Gabriel
(Expert) 13 January 2015
Advise can't be given without knowing the case details.Writ will not lie against private individuals.
V R SHROFF
(Expert) 13 January 2015
ACADEMIC QUERY BY PROFESSIONAL :
Better seek advise from your Sr. colleagues in your court.
ajay sethi
(Expert) 13 January 2015
draw attention of court to adjournments already taken by respondents . if further time is sought ask for payment of costs
Sailesh Kumar Shah
(Expert) 13 January 2015
in general, maximum three adjournment in Allahabad high court.
Harjeet
(Querist) 13 January 2015
Thanks....for response...it means advocates of private respondents can get another adjournment 3rd time as last opportunity.
R.K Nanda
(Expert) 13 January 2015
agree with experts.
Harjeet
(Querist) 13 January 2015
@shailesh .
You have written maximum three adjournments. Our respondents have taken two adjournments. It means one more they can take.
Harjeet
(Querist) 13 January 2015
Ok....is this can vary from court to court.?....our case is pb & hr high court
T. Kalaiselvan, Advocate
(Expert) 17 January 2015
The discretion of judges will differ from each other sitting in the neighbourly courts too. Therefore no concrete opinion can be given abut such adjournment procedures adopted. In general, courts will grant reasonable time for filing counter/statements. It depends on the gravity of the case as well as the reactions of opposite parties for an unjustified long adjournment.