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Bare acts > Code of Civil Procedure, 1908 > Order 17 Rule 1
 
   


 

1. 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 adjournment—in 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:

Provided that,—

(a) when the hearing of the suit has commenced, it shall be continued from day-to-day until all the witnesses in attendance have been examined, unless the court finds that, for the exceptional reasons to be recorded by it, the adjournment of the hearing beyond the following day is necessary,

(b) no adjournment shall be granted at the request of a party, except where the circumstances are beyond the control of that party,

(C) the fact that the pleader of a party is engaged in another court, shall not be a ground for adjournment,

(d) 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,

(e) where a witness is present in court but a party or his pleader is not present or the party or his pleader, though present in court, is not ready to examine or cross-examine the witness, the court may, if it thinks fit, record the statement of the witness and pass such orders as it thinks fit dispensing with the examination in chief or cross-examination of the witness, as the case may be, by the party or his pleader not present or not ready as aforesaid.


HIGH COURT AMENDMENTS

Allahabad.- Add the following further proviso:

‘Provided further that no such adjournment shall be granted for the purpose of calling a witness not previously summoned or named, nor shall any adjournment be utilised by any party for such purpose, unless the Judge has made an order in writing under the proviso to Order -XVI, Rule 1.” (24.7.1926).

Bombay.- In Order XVII. for the existing Rule 1 and its marginal notes, substitute the following as Rule 1 and marginal notes:

“1. 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;

Provided that where a case is fixed for taking evidence, the Court shall record the evidence of all the witnesses present for either party unless the Court hearing the case for reasons to be recorded in writing finds it necessary to adjourn the se.

(2) Costs of adjournment.— In every such case the Court shall fix a day for the further hearing of the suit, and may make such order as it thinks fit with respect to the costs occasioned by the adjournment, ordinarily not exceeding fifty rupees in ordinary suits and one hundred rupees in special suits:

Provided that, when the hearing of evidence has once begun, the hearing of the suit shall be continued from day to day until all the witnesses in attendance have been examined, unless the Court finds the adjournment of the hearing beyond the following day to be necessary for reasons to be recorded.’

Gujarat.- Substitute sub-rule (2) as in Bombay except that for ‘fifty” read “thirty” and for “one hundred” read “forty-five’.

,Punjab, Himachal Pradesh, Delhi.- (1) Add the following at the beginning of sub-rule(1):

“Subject to the provision of Order XXIII, Rule 3.”

(2) Add the following as sub-rule (3):

“(3) Where sufficient cause is not shown for the grant of an adjournment under sub-rule (1) the Court shall proceed with the suit forthwith.” (As amended on 21.7.1937).

 

 

 

 

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