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Report No. 163


Q.33. Order 17, rule 1 (Adjournment and costs thereof): Clause 35 of the Bill

At present, the Court has power to adjourn the hearing under Order 17, rule 1, and "may make an order" as to costs. The Bill proposes that

(i) not more than three adjournments shall be granted to a party during the hearing of the suit; and

(ii) the court shall make an order as to costs (including such higher costs as the court deems fit) when adjournment is granted.

It is felt that the fettering of the court's discretion as to the grant of adjournment and the award of costs (as proposed) may not be a very expedient course, as there may arise, in practice, exceptional cases Justifying a special approach. For example, if party "A" dies and is succeeded by "B", who also dies and is succeeded by "C", adjournment may be necessary at the instance of the plaintiff, on both the occasions. Thereafter, plaintiff's lawyer has fallen ill on one occasion, necessitating an adjournment. Later, the plaintiff is injured in an accident. These episodes would make up four adjournments. Rigidity would not be desirable. [See Bashir Ahmend v. Mehmood Hussain, AIR 1995 SC 1857]

The Code of Civil Procedure (Amendment) Bill, 1997 Back

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