Adjournment application rules

Just for information sake:

Showed my application of adjournment to a couple of Advocates in my district and they gave a green light to the application. And the answer to the above questions:

1.  No need to make the application under any rule or section.
2.  Need Rs 10 stamps only. No affidavit required.
3.  No need to include the List of Documents form to annex documents.
4.  Yes, give a copy to the opponent.

 

Here is the format I used for a Punjab district court. It’s on legal size paper, size 14 font, Times New Roman, double spaced with margins 1.26" on top and bottom and 1. 65" on left and 1.05" on the right.  I personally feel margins/font does not matter as long as ur application/petition looks somewhat similar to the templates from other Advocates.  

 

APPLICATION FOR ADJOURNMENT

IN THE COURT OF SHRI NARCISSIST KAAMCHOR, ADDITIONAL DISTRICT AND SESSION JUDGE, KAALAPANI

HMA(CASE TYPE) 999(CASE NUMBER) OF 2014

Gimmi Mi Goldback)  -Petitioner (Here put the original HMA 13 petition’s petitioner)

-Vs.-

Greedy Soul) –Respondent(Here put the original petition’s respondent)

AN APPLICATION FOR AN ADJOURNMENT FOR 30 DAYS

The petitioner(Change this to respondent, if u r the respondent in the original HMA 13 petition)named above presents this application as a humble prayer to this learned Court and he respectfully submits:

1.     That the respondent has made a prayer u/s 24 of the Hindu Marriage Act, 1955,(hereafter referred to as HMA 24) and the petitioner is justly commanded by this learned Court to file a reply on xx.xx.2015.

2.     That the petitioner is unable to ......... (Write ur reason for adjournment)

3.     That the petitioner prays to this Court for an adjournment for 30 days......

4.     That, as the petitioner is already under severe debt, he meekly prays to this learned court to use its immense powers u/s 151 of the Code of Civil Procedure, 1908, to spare costs to the petitioner, if any.    ... ...... He will forever be indebted to this respected Court for the waiving of costs, if any.

 

Kaalapaani                                                 Petitioner

Dated: xx.xx.2015                    Gimme Mi Goldback

                                                                             Sign

The above application is to be used on the hearing day in front of the judge. If someone wants to postpone the hearing before the actual hearing date, pls do not use this format.

 

So today, I decided to not give a written adjournment request. On the next hearing, will give a written request to give more weight to the adjournment prayer. In today’s hearing, I asked verbally for a 45 days adjournment. I hope she lives to 100 but I lied that my mother is very ill. The judge gave me a three weeks adjournment.

I couldn’t find much information on this subject when I needed it. So I hope this helps others.

 

Correction in regards to earlier post: to strike a balance between space-needed-for-stamps and space-needed-for-written-content, I ended up using these margins: top 4.3 cm, bottom 4 cm, left 3.19 cm, right 2.66 cm. And to make an application look presentable, pls choose in ur word processor the option to align text to both left and right margins. It will automatically leave extra space between words to align text perfectly with both sides.

 

Result of my written adjournment request: application dismissed. The judge did not seem happy with the written request. He gave me three more weeks of extension but imposed costs. For me, the only positive thing about the written request is that if the need had arisen to challenge a very adverse daily order, I would have had evidence on record to explain my non-compliance on that day. This benefit implies only if u mention very strong grounds for non-compliance: in my case, I annexed statements of debt from a couple of foreign banking institutions and annexed documented proof of my wife emptying out our joint account of 19 lakh and leaving me with less than Rs 100 (which translates into: no money to hire an advocate). To make sure the application comes on record, I insisted to the judge to give me the interim-application number. He instructed the reader to file the application. The reader stamped it and gave me one copy out of the three copies I handed over to the judge. I asked the reader too for an IA number and the reader informed me that everything gets filed under the original HMA petition and there is no new number for interim applications. Here’s the order; I changed around the titles of the people in the order to hide my identity but the order’s integrity is preserved:

 

 

Present:     Petitioner in person,

                 ***** for the respondent.

 

                Reply to application u/s 24 not filed, an application u/s 24 not filed, a lengthy application of almost 5 pages filed for seeking adjournment for 30 days with main excuse of debt and unable to pay services of competent advocate. The application seems to be drafted by highly qualified person.

                  

              Applicant was on the previous order specifically directed to file reply and he had sought two months time even report was received from meditation center earlier with dispute remain unsolved petitioner is intentionally not filing the reply. His application for adjournment is dismissed. He is again directed to file reply on ***** subject to payment of Rs. 500/- as costs to the opposite party.

 

****** Stenographer                                                ******* ADJ/*****2015

Pl ans me ,that an accused defending his case as party in person , his family member can file sick note on his behalf . Pl give citation for it As judge is asking their locus standi .obliged .

Pl ans me ,that an accused defending his case as party in person , his family member can file sick note on his behalf . Pl give citation for it As judge is asking their locus standi .obliged .