Number of times a date can be taken
Personal Name
(Querist) 05 August 2012
This query is : Resolved
I wanted to know how many times a party can get a date (for submitting a evidence.) The reason I am asking this is because the plaintiff in our case is not submitting the evidence for more than a year and simply takes date every-time.
I wasn't able to find a clause in Code of Civil Procedure which talks about the limit of number of times a party can get dates and any penalty for such.
Could somebody point me in the right direction (to a clause or law) which adresses this .
Thanks!!
R.K Nanda
(Expert) 05 August 2012
No fixed rules for it but now u can either ask court to impose heavy costs on plaintiff for any more date or ask for closure of evidence of plaintiff.
ajay sethi
(Expert) 05 August 2012
on next date draw attention of the court to repeated adjournments taken by plaintiff during last one year . request court to grant plaintiff last chance for filing affidavit of evidence on payment of costs
ajay sethi
(Expert) 05 August 2012
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.]
Personal Name
(Querist) 05 August 2012
Dear Mr. Sethi and Mr. Nanda. Thanks for your response.
I have two follow-up queries:
1. Can the fine be more than 500 Rs ?
2. Also, when we request for the fine to be levied upon the other party, does the other party's lawyer has to be present in the court ?
It seems that I was referring to an older version of CPC that does not contain this portion "Provided that no such adjournment shall be granted more than three times to a party during hearing of the suit" .
Thanks again for your response.
ajay sethi
(Expert) 05 August 2012
it is not necesaary that other party lawyer be present . if case is called out then you can draw attention of court to repeated adjournments sought . costs are at discretion of court . it can be more than rs 500
Personal Name
(Querist) 05 August 2012
Thanks for your response Mr. Sethi!!!
