O.17 – Adjournments:
Rule 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 suits.
(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 fit:
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.
Rule 2: Procedure if parties fail to
appear on day fixed: Where, on any
day to which the hearing of the suit is adjourned, the parties or any of them
fail to appear, the Court may proceed to dispose of the suit in one of the
modes directed in that behalf by Order IX or make such other order as it thinks
fit.
Explanation:
Where the evidence or a substantial portion of the evidence of any party has
already been recorded and such party fails to appear on any day to which the
hearing of the suit is adjourned, the Court may, in its discretion, proceed
with the case as if such party were present.
Rule 3: Court may proceed
notwithstanding either party fails to produce evidence, etc.: Where any party to a suit to whom time has been
granted fails to produce his evidence, or to cause the attendance of his
witnesses, or to perform any other act necessary to the further progress of the
suit, for which time has been allowed, the Court may, notwithstanding such
default, (a) if the parties are
present, proceed to decide the suit forthwith, or (b) if the parties are, or any of them is, absent, proceed under
rule 2.
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