Adjournment
1. Court may grant time and adjourn hearing.
1[(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 time 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 2[shall make such orders as to costs occasioned by the adjournment or such higher costs as the
court deems fit:]
3
[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.
1. Subs. by Act 46 of 1999, s. 26, for sub-rule (1) (w.e.f. 1-7-2002).
2. Subs. by s. 26, ibid., for certain words (w.e.f. 1-7-2002).
3. Subs. by Act 104 of 1976, s. 68, for the previous proviso (w.e.f. 1-2-1977).
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(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.]
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.
1
[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.]
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 2[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].