How to deal with frequent adjournment seeked parties under some pretexts or other.
How & where to lodge complaint?
The most significant amendment to the Amendment Act of 1999 (effective July 1, 2002) relates to O.XVII Rule 1, which now requires the court to record the reasons for adjournments of the hearing and limits the number of adjournments at three throughout the suit hearing. A civil lawsuit must be resolved as soon as possible and, in any case, within a year of the date, it was instituted. However, despite numerous precedents, the lawsuit will still go on for more than 3 years because the judiciary does not comply with this regulation.
This provision was contested in the case of Salem Advocate Bar Assoc. v. Union of India. The court determined that the provision prohibiting adjournments cannot be deemed ultra vires or unconstitutional because in some extreme circumstances, such as the Bhopal gas tragedy, riots, or other extremely serious matters, it may be necessary to grant an adjournment even though three adjournments have already been granted.
