ORDER XVII – Civil Procedure Code 1908

Civil Procedure Code 1908

 

 

ORDER XVII. ADJOURNMENTS

 

ORDER XVII. ADJOURNMENTS

 

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 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 2[shall make such orders as to costs occassioned 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 unti 1 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

 

Bombay.-

In Order XVII, in rule 1, in sub-rule (2), after the words “costs occasioned by the adjournment”, insert the words “ordinarily not exceeding fifty rupees in ordinary suits and one hundred rupees in special suit”, (w.e.f. 1-11-1966)

 

Delhi.-

Same as in Punjab.

 

Gujarat-

In Order XVII, in rule 1, in sub-rule (2), insert the words as in Bombay substituting “thirty” and “forty-five” for “fifty” and “one hundred” respectively.

 

Himachal Pradesh.-

Same as in Punjab.

 

Punjab.-

In Order XVII, in rule 1, in sub-rule (1),-

 

(i) at the beginning, insert the following words, namely:-

“Subject to the provisions of Order XXIII, rule 3”.

 

(ii) after sub-rule (2), insert the following sub-rule, namely:-

 

“(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.”

 

[Vide Notification No. 95-G, dated 26th February, 1925 and Notification No. 211-R/ XI-Y-22, dated 21st July, 1937.]

 

1. Subs, by Act No. 46 of 1999, section 26 (w.e.f 1-7-2002).

 

2. Subs. Act No. 46 of 1999, section 26 for certain words (w.e.f 1-7-2002).

 

3.Subs, by Act No. 104 of 1976, for the previous proviso (w.e.f. 1-2-1977)

 

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.]

 

 

HIGH COURT AMENDMENTS

 

Allahabad.-

In Order XVII, in rule 2, insert the following, namely:-

“Where the evidence, or a substantial portion of the evidence, of any party has already been recorded, and such party fails to appear on such day, the Court may in its discretion proceed with the case as if such party were present, and may dispose of it on the merits.

 

Explanation.-No party shall be deemed to have failed to appear if he is either present or is represented in Court by an agent or pleader, though engaged only for the purpose of making an application.” (w.e.f. 28-5-1943}

 

[Ed.-This amendment relates to rule 2 prior to its amendment made by the Central Act 104 of 1976, sec. 68 (w.e.f. 1-2-1977).]

 

Andhra Pradesh.-

In Order XVII, in rule 2, insert the following Explanation, namely:-

 

“Explanation.-The mere presence in Court of a party or his counsel not duly instructed shall not be considered to be an appearance of the party within the meaning of this rule.” (w.e.f. 27-4-1961)

 

[Ed.-This amendment relates to rule 2 prior to its amendment made by the Central Act 104 of 1976, sec. 68 (w.e.f. 1-24977).]

 

1. Ins. by Act No. 104 of 1976 (w.e.f.1-2-1977).

 

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, 1[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].

 

HIGH COURT AMENDMENTS

 

Allahabad.-

In Order XVII, in rule 3, put a comma after the first word “where” and insert thereafter the words “in a case to which rule 2 does not apply”, {w.e.f. 17-1-1953)

 

Andhra Pradesh.-

In Order XVII, in rule 3, insert the following proviso, namely:-

 

“Provided that in a case where there is default under this rule as well as default of appearance under rule 2 the Court will proceed under rule 2.” (w.e.f. 27-4-1961)

 

1 Subs, by Act No. 104 of 1976 for certain words (w.e.f. 1-2-1977).

 

 

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Civil Procedure Code 1908

 

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