FLAT 20% OFF and 3-Months ADDED Validity on All Courses Absolutely FREE! Enroll Now Use Code: INDIA20
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Gopal Krishna Behera (Advocate Orissa High Court Cuttack.)     26 July 2009

Adjournments

How many adjournments can be sought by a party in a case and whether the illness of a counsel can be a ground for adjournment under Order XVII Rule 1 C.P.C. ?



Learning

 5 Replies

Prakash Yedhula (Lawyer)     26 July 2009

Under the amended O XVII Rule 1 (Act No. 46 of 1999,  w.e.f 1-7-2002), the restriction to adjournments in limted to three.  Similary the code is amended as 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.

However, I have my own doubts whether the same is followed by courts.

Rubi (Advocacy)     28 July 2009

 

As per the provision of Order 17 Rule 1 CPC a party shall not allow adjournment not more than three times but hon'ble Apex court in Salem Bar Advocate Association has held that this provision is directory and not mandatory. if the party seeking adjournments more than 3 satisfy the court that the ground for adjournment is beyond his control and exceptional in nature then the party can be allowed adjournment more than 3.


 
1 Like

rajesh singh (student)     08 May 2013

without any sufficient reason can court  give the adjournment

N.K.Assumi (Advocate)     11 May 2013

If a person is in comma in IC what? That rule is only Directory.

Mani (land owner)     23 May 2018

Most of the Prisiding officers are not well versed with Laws!!!


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query