penalty against party seeking adjournments

RAMJI (Querist) 06 April 2014 This query is : Resolved

Dear Experts

This is reg suit for partition. The main suit is pending for trial because of an IA filed by one of the Defendants Under Order 7 Rule 11. Resp /Plaintiff filed counter against IA and arguments of Petitioner/def is over and arguments of Resp/Plntff fixed. Though the Resp/Plantiff was ready for arguments, the Petitioner/def kept on asking for adjournments on some reason or other and court also granted three times so far inspite of verbal objections by Resp/pltf and next date for petitioners argument is in middle of April 14. At this stage my questions are as follows:

1. If the Party again ask for adjournments in next hearing, CAN THE RESP/PLTIFF ASK FOR PENALTY /COST TO BE IMPOSED AGAINST PETITIONER if adjournment is granted?

2. If so, can the Resp/pltiff file a memo seeking for the same?

3. Please indicate under which section / Order of CPC we can file such memo seeking cost against adjournments?

4 any other views/advises please.

Regards
Ramji

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SURESH BV, Advocate (Expert) 06 April 2014
Dear Ramji,

Imposing cost is the sole domain of the Court. Although you can raise your objections for adjournment, the Court will be concerned about affording fair and reasonable opportunity to the parties. The Court will grant an adjournment,whenever the reason assigned is just and proper. Therefore, the only option left open to you is to convince the court.

Devajyoti Barman (Expert) 06 April 2014
1. Yes but unlikely to be allowed.
2. Yes
3.No specific provision, You can seek such relief u/s 151 cpc.

RAMJI (Querist) 07 April 2014

Dear Mr suresh & mr barman sir

Thanks for your clear and quick replies.
Regards
Ramji

Rajendra K Goyal (Expert) 07 April 2014
Agree with the expert, you can prey the court not to adjourn or impose the penalty.

ajay sethi (Expert) 07 April 2014
oppose application for adjournments . point out numerous adjournments already taken . request court to impose costs for adjournments

Devajyoti Barman (Expert) 08 April 2014
welcome....

T. Kalaiselvan, Advocate (Expert) 08 April 2014
I agree with the experts above that you can object to the adjournment petition, if filed again seeking an adjournment without any valid reason or if it is of routine nature and you can even insist the court to impose an exemplary cost if the said petition is to be allowed. You can file a memo to record your objections and seeking the said costs, without quoting any section of CPC.

RAMJI (Querist) 08 April 2014

Dear Mr Kalaiselvan sir

Thanks for your detailed reply with more clarity on items viz., memo-cost -section..

Thanks regards
ramji