Adjournment Under CPC – Meaning, Rules, and Case Laws Explained Adjournment is a common feature in civil litigation but often criticized for causing delays in justice. To balance fairness with efficiency, the Code of Civil Procedure, 1908 (CPC) under Order 17 lays down strict rules for granting adjournments. This article explains the meaning of adjournment, rules under Order 17 CPC, leading case laws, and valid vs invalid grounds for adjournment. What is Adjournment? Adjournment means postponing or suspending a court proceeding to another date or time.In simple words, when a hearing cannot continue on the scheduled date due to some reason, the court may grant a new date of hearing. Order 17 Rule 1 CPC – Maximum Number of Adjournments • The Court may grant adjournment only if sufficient cause is shown. • The reason must be recorded in writing by the court. • A party can get maximum three adjournments during the hearing of the suit. • This restriction was introduced by the Amendment Act, 1999. Case Law: • Salem Advocate Bar Association (II) v. Union of India (2005) – Supreme Court held that in extreme and exceptional circumstances, courts may relax the three-adjournment limit. Costs of Adjournment – Order 17 Rule 2 Whenever adjournment is granted: • The court must fix the next date of hearing. • The court may also impose costs on the party seeking adjournment. • If the adjournment was avoidable, heavier costs may be imposed. Special Rules under Order 17 Proviso 1. Continuous Hearing of Witnesses – Once examination of witnesses begins, hearings should continue day-to-day until completion. 2. No adjournment unless beyond control – Parties must show genuine and unavoidable reasons. 3. Lawyer busy in another court is NOT valid – This is no longer accepted as sufficient cause. 4. Lawyer’s sickness or unavailability – Court will see if another lawyer could be engaged. 5. Witness present but party/lawyer absent – The court may record witness testimony and proceed further. Order 17 Rule 2 – When Parties Fail to Appear If on an adjourned date, one or both parties fail to appear, the court may: • Proceed under Order 9 CPC (dismiss the suit or pass ex parte decree), or • Pass any other order it finds fit. Case Law: • Sangram Singh v. Election Tribunal (AIR 1955 SC) – If a party was earlier present but fails to appear on a later date, the court has discretion under Order 17 Rule 2 to proceed ex parte or otherwise. Order 17 Rule 3 – When a Party Fails to Produce Evidence If a party, after getting time, fails to produce documents, witnesses, or perform required acts: • If both parties are present: Court may decide the case on merits. • If any party is absent: Court may proceed under Rule 2 (dismissal or ex parte). Valid Reasons for Granting Adjournment Courts have accepted adjournments in genuine circumstances, such as: • Sickness of party, lawyer, or witness (with medical proof). • Summons not served properly. • Need more time to prepare due to late documents. • Lawyer withdrawal at the last moment. • Emergency or hospitalization of counsel. • Inability to find new counsel immediately after withdrawal. Invalid Reasons – Adjournment Refused Courts reject adjournments when reasons are weak or used as delay tactics: • Lawyer busy in another court. • Lawyers’ strike. • Dilatory conduct or intentional delays. • Witness present but not examined. • Case is very old and pending. • Inconvenience to the opposite party. • Repeated excuses despite earlier commitments. Valid and Invalid Reasons for Adjournment Courts grant adjournments only when there is a genuine and unavoidable reason. For example, if the party, their lawyer, or a witness is seriously ill, or if summons have not been served properly, the court may allow time. Similarly, when a lawyer suddenly withdraws, when there is an emergency such as hospitalization, or when a party is unable to find a new counsel in time, adjournments have been considered valid. On the other hand, adjournments are refused when the grounds are weak, avoidable, or intended to delay the proceedings. A lawyer being busy in another court, lawyers going on strike, or a party deliberately engaging in dilatory conduct are not accepted. Likewise, if a witness is present but not examined, if the case is very old and pending for long, or if adjournment would cause inconvenience to the other side, the court will reject the request. Repeated excuses after earlier commitments to proceed are also treated as invalid reasons. Case Laws on Adjournment • Salem Advocate Bar Assn. (II) v. Union of India (2005) – Maximum three adjournments rule not absolute; exceptions allowed. • Sangram Singh v. Election Tribunal (1955) – Court has discretion if party earlier appeared but absent later. • State of UP v. Shambhu Nath Singh (2001) – Courts must discourage unnecessary adjournments to ensure speedy justice. Conclusion Adjournments are meant to ensure fair trial and natural justice, but they must not become a tool for delaying proceedings. Under Order 17 CPC, courts can grant adjournments only for sufficient cause, and generally not more than three times. By imposing costs and discouraging invalid reasons, the judiciary ensures that justice is delivered both fairly and speedily. FAQs on Adjournment under CPC Q1. How many adjournments can be granted under CPC? 👉 Maximum three adjournments to a party during the hearing of the suit. Q2. Can adjournment be granted if a lawyer is busy in another case? 👉 No, this is not a valid reason anymore. Q3. What happens if a party is absent on adjourned date? 👉 Court may proceed under Order 9 CPC or pass any suitable order under Order 17 Rule 2. Q4. Can court impose costs for adjournment? 👉 Yes, the court can impose ordinary or heavy costs depending on circumstances. To start your preparation for Judicial Services Examination at home, drop a message on WhatsApp +91 8840961324 or call us on +91 9151591324 At Theory of Abrogation,…