Ajay K (IT Analyst) 03 February 2013

Any limitation for court adjournments

Hi ,

Here i've a legal case running in district court ,

case situation :

we purchased the land from a lady , we paid the 50% of the total amount and maid written agrement which is not registered , there after they are refusing to register the land saying that signature in the document was forgery ,
then we approched district court 4 years back .

according the document 5 persons identified for witnesses document writer , me ,witness1,witness 2 (her husband later commited to suiside for over debts ) .

finally from our side all witnesses are attended to the court ... from last several court sessions she is not attending to the court they did't even field the afidavit , in last session court fined for them .

can any one plese suggest /advice in this scenario to complete the case or to move further .

Thanks in advance .

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2 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 03 February 2013

Court adjournment can mean either of the following: 1) if an adjournment is sine die (final), the court has permanently concluded its business for a particular trial, hearing or other activity; or 2) the court is postponing the remainder of the proceedings until another appointed date, whether the next day or months in the future.

An adjournment should not be confused with a recess, which means a short break in the proceedings, with court resuming on the same day.

Some jurisdictions recognize the concept of "adjournment in contemplation of dismissal" (ACD), which mean a trial is postponed while the defendant performs some ordered prerequisite (e.g., community service) to dismissal. If the activity is performed to the court's satisfaction, and no further bad acts are committed, the case may be dismissed without a plea. If the activity is not performed to the court's satisfaction, or if the person reoffends, the trial will proceed at an appointed time. In essence, an ACD ruling imposes a period of probation on the defendant before the defendant goes to trial, without a plea of guilty or not guilty.

Amit Gupta (Advocate) 11 February 2013

Dear Sir,

under CPC the court can not grant more thn 3 opportunity of adjounments to any party...the latest Judgment of Supreme Court, given by Justice R M Lodha in Shiv Cotex 2011....

regards

amit