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POOJA (ARTICLE ASSISTANT)     27 November 2023

Cost for adjournment

Can defendants ask for cost of adjournment at recording evidence stage .as petitioner has asked for adjournment 5 times i.e 1 year since the issues are framed?


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 10 Replies

Sanskriti Tiwari   28 November 2023

Yes, defendants can request costs for adjournments, especially if the petitioner has repeatedly sought adjournments, causing delays in the legal proceedings. Courts generally frown upon unnecessary adjournments that prolong the resolution of a case. When a petitioner repeatedly requests adjournments, causing significant delays, the defendant may rightfully seek compensation for the costs incurred due to these delays.

The grounds for requesting costs for adjournments lie in the principle of preventing abuse of the legal process and ensuring that both parties adhere to the schedule set by the court. If one party continuously seeks adjournments without valid reasons, it can be considered an attempt to stall or inconvenience the other party, which can lead to a financial burden due to prolonged legal proceedings.

However, whether the defendant will be granted costs for adjournments depends on various factors, including the judge's discretion, the reasons cited for the adjournments, and whether the delays caused by the petitioner were unreasonable or justified.

In situations where the petitioner repeatedly seeks adjournments without valid reasons, the defendant's legal counsel can bring this to the court's attention, requesting reimbursement for the costs incurred due to these delays. The court may consider compensating the defendant for expenses related to legal representation, preparation, and other relevant costs caused by the extended proceedings.

It's crucial to document and present evidence of the costs incurred as a direct result of the adjournments when making such a request before the court. Consulting with legal counsel experienced in civil litigation can provide valuable guidance on the specific procedures and best approaches to seek costs for adjournments in your jurisdiction.

Dr. J C Vashista (Advocate and Legal Consultant)     28 November 2023

There is no legal infirmity in asking cost of adjournment as the plaintiff is stated to have been seeking repeated adjournments.

P. Venu (Advocate)     28 November 2023

In fact, the Court is expected to grant costs in such cases.

RAKESH PIPRODIA (ADVOCATE)     28 November 2023

You may ask for the cost, but ultimately it depends upon he Judge to take a call. Normally, the cost is too less, which makes no sense.

LCI Thought Leader Sanjeev Duggal Advocate   19 December 2023

Yes, defendants can request costs for adjournments, especially if the petitioner has repeatedly sought adjournments, causing delays in the legal proceedings. Courts generally frown upon unnecessary adjournments that prolong the resolution of a case. When a petitioner repeatedly requests adjournments, causing significant delays, the defendant may rightfully seek compensation for the costs incurred due to these delays.

The grounds for requesting costs for adjournments lie in the principle of preventing abuse of the legal process and ensuring that both parties adhere to the schedule set by the court. If one party continuously seeks adjournments without valid reasons, it can be considered an attempt to stall or inconvenience the other party, which can lead to a financial burden due to prolonged legal proceedings.

However, whether the defendant will be granted costs for adjournments depends on various factors, including the judge's discretion, the reasons cited for the adjournments, and whether the delays caused by the petitioner were unreasonable or justified.

In situations where the petitioner repeatedly seeks adjournments without valid reasons, the defendant's legal counsel can bring this to the court's attention, requesting reimbursement for the costs incurred due to these delays. The court may consider compensating the defendant for expenses related to legal representation, preparation, and other relevant costs caused by the extended proceedings.

It's crucial to document and present evidence of the costs incurred as a direct result of the adjournments when making such a request before the court. Consulting with legal counsel experienced in civil litigation can provide valuable guidance on the specific procedures and best approaches to seek costs for adjournments in your jurisdiction.

Sanskriti Tiwari   19 December 2023

Here again....this emanates doubt in my mind as well as in others experts' mind. 

P. Venu (Advocate)     19 December 2023

This is precisely because both your posting as well that of the so-called "Thought Leaders" are AI generated!

 

Sanskriti Tiwari   19 December 2023

Sir it's not AI generated. Along with these replies, I always send a screenshot depicting 'human text' along with a plagiarism report to my mentors, otherwise my answers are not acceptable if they are plagiarised or AI generated.

My answers are long because as per the instructions, I had to reply in 200-300 words and I write answers like arguments because I have interest in mooting and drafting memorials and this is my first experience in advising, which started a few days ago. I am just a student, still in my learning phase. I am not an expert like you, so if there's any mistake in my replies, I would like to get myself corrected and I also seek apology for the same. 

Further, it is also to be noted that only thought leaders are posting verbatim of my answers, however, AI can be used by anyone and no one except them is posting the same. And even if someone uses AI for researching, he/she will never post it's exact because we can't rely on it. 

And sir I kindly request you that if there's something, you can also send me PM because many a times it discourages. 

 

P. Venu (Advocate)     19 December 2023

Ok, I am sorry that I misunderstood. 

Kindly accept my appreciation for your genuine interest and  devotion towards law. I wish you a bright future!

Sanskriti Tiwari   19 December 2023

Thank you so much sir😊

 


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