Report No. 163

Issues

Q.29. Order 14, rule 4 (Adjournment for framing issues): Clause 24(i) of the Bill

Under Order 14, rule 4 of the Code, when a court cannot frame the issues immediately (because it desires to examine some witness or to inspect some document), it may adjourn the case to a future day. The proposal in the Bill is that the future day should not be later than seven days.

The object of course, is to reduce the intervals. But one has to remember that the later date will be for production of some witness or document. Circumstances may arise where the witness or document may not be available so soon. The proposed rigid time limit will then prove to be unworkable.

The proposal has to be examined in the light of the above practical aspects.