How many times court can adjourn the case for want of plaintiff evidence.
tagoretiwari
(Querist) 09 February 2015
This query is : Resolved
court is adjourning a civil case related to property for want of plaintiff evidence.
how many times court can adjourn under cpc rules. i intend to advise my lawyer to move application for dismissal of the case.
In case may lawyer not interest to move then what is the available recourse to me.
adv. rajeev ( rajoo )
(Expert) 09 February 2015
Court can give sufficient opportunity to lead the plaintiff evidence. In view of the amended CPC court can grant 3 adjournments. Your advocate can press for the dismissal of the suit.
Advocate M.Bhadra
(Expert) 09 February 2015
Court may grant time and adjourn hearing.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;
Provided that where a case is fixed for taking evidence, the Court shall record the evidence of all the witnesses present for either party unless the Court hearing the case for reasons to be recorded in writing finds it necessary to adjourn the same.
No adjournment shall be granted at the request of a party, except where the circumstances are beyond the control of that party.
You can file an application for dismissal the suit.
Rajendra K Goyal
(Expert) 10 February 2015
Court can give sufficient opportunity to each party to lead evidence. You can move application to dismiss the case if plaintiff is not recording its evidences.
T. Kalaiselvan, Advocate
(Expert) 12 February 2015
If you feel that the delay in letting in the evidences by the plaintiff side is intentional and unjustified, you may insist your lawyer to move an application to dismiss the suit for non-prosecution or default, if your lawyer is not cooperative, think of changing the lawyer itself.
