Limits for adjournment
Balaji Bakthavathsal
(Querist) 16 July 2014
This query is : Resolved
Dear Learned Advocates,
A civil case is dragging in the lower court for 4 long years. Petitioner has submitted all the documents in support of his side. All the respondents have become ex-parte. When the judge was about to give ex-parte order, one of the respondent submits an I.A. requesting to set aside the ex-parte order after almost 3 years of declaration of ex-parte. Counter reply was submitted to the I.A. Now, it is the turn of the opponent's advocate to place his argument against the counter reply. But the advocate is NOT coming forward and he has asked adjournment twice. What is the solution for this ? Is there any limit ? How long he can continue to seek adjournments ? Please give your valuable views.
Thanks & Regards
Balaji
Devajyoti Barman
(Expert) 16 July 2014
Lower courts function in e very mechanical manner.
For speed up the trial go to high court for expeditious disposal of the case.
V R SHROFF
(Expert) 16 July 2014
Agree c Mr Barman
ajay sethi
(Expert) 16 July 2014
ask for imposition of costs for adjournments .
Advocate Bhartesh goyal
(Expert) 16 July 2014
File an application under order 17 rule 1 of CPC.
Court may grant time and adjourn hearing
(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 adjournmentin every such case the court shall fix a day for the further hearing of the suit, and shall make such orders as to costs occasioned by the adjournment or such higher costs as the court deems fits:
Rajendra K Goyal
(Expert) 16 July 2014
Civil suit take time in decision and delay occur when opposite party is adopting delay tactics.
Move to High Court for speedy trial order.
