1. Grounds for Adjournment:
Common reasons include:
Illness of a party or advocate
Unavailability of a crucial witness
Time needed to collect evidence or documents
Settlement negotiations in progress
Delay in receiving documents from the other side
Courts, however, discourage excessive adjournments to avoid unnecessary delay in proceedings.
2. Procedure for Applying:
Step 1: Prepare a Written Application (if required):
Draft an application addressed to the court.
Include case details: case number, parties, and court name.
Clearly state the reason for seeking adjournment.
Specify the next convenient date, if possible.
Step 2: Support with Documents (if necessary):
Attach medical certificates, letters, or other relevant documents that justify the request.
Step 3: Submission in Court:
The application is submitted by the advocate or party when the case is called.
Oral requests can also be made, though written applications are preferred for the record.
3. Court’s Discretion:
The court has complete discretion to accept or reject the adjournment request based on:
Urgency of the matter
Past conduct of the parties
Nature of the reason given
Under Order XVII of the Civil Procedure Code, courts may grant a maximum of three adjournments during the lifetime of a suit, unless exceptional circumstances exist.
Conclusion:
While seeking an adjournment is a common procedural tool, it must be used sparingly and in good faith. Misuse can result in costs or penalties, and courts may proceed ex parte (in absence) if the party fails to appear without sufficient cause.
To apply for an adjournment in court, a party needs to file an application with the court, stating the reasons for the request and the desired new date. The application should be made before the scheduled hearing, or, if necessary, during the hearing, but before the court makes a decision. The court will then decide whether to grant the adjournment based on the validity of the reasons provided.
Here's a more detailed breakdown:
1. File an Application:
The party seeking the adjournment must file a written application with the court. This application should clearly state the case name, the reason for the adjournment, and the requested new date.
2. State Valid Reasons:
The party must provide valid and reasonable grounds for needing the adjournment. Common reasons include:
Illness or unavailability of a party or their counsel: If the party or their lawyer is unable to attend due to illness, travel issues, or other unavoidable circumstances, this can be a valid reason.
Need for more time to prepare: If a party requires more time to gather evidence, consult with experts, or prepare their case, they can request an adjournment.
Other genuine reasons: The court may also consider other genuine reasons that prevent the party from proceeding with the hearing on the scheduled date.
3. Present the Application:
The application can be presented to the court either before the scheduled hearing or during the hearing, before the court renders its decision.
4. Court's Discretion:
The court will consider the application and decide whether to grant the adjournment. The court may grant the adjournment if it finds the reasons compelling and believes it is in the interest of justice.
5. Record of Adjournment:
If the court grants the adjournment, the reason for the adjournment will be recorded in writing as part of the case record.
6. New Hearing Date:
The court will set a new date for the hearing and notify all parties involved.
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