ORDER 17 OF THE CIVIL

PROCEDURE CODE,1908
ADJOURNMENTS

AIMAN NOMAN
GHAZAAL ALI KHAN
SEMESTER-7
 INTRODUCTION
“The court is adjourned!”.

This is a very regular phrase that people often hear in movies and screenplays when a court proceeding is going on and
after this, it is seen that the court calls it a day and the judges leave the court. So, this gives us a slight impression that
adjournment probably means to discontinue the proceedings of the court. The impressions are partly correct.

Nevertheless, to break the truth, the court is not adjourned but the proceedings of the court in the suit which the court is
hearing at that present time are adjourned. It means that the court does not hear that specific matter anymore for that day
but the proceedings keep going on and the court moves on to other cases to be heard on that day.

Illustration
A sued B for specific performance of a contract to construct a residential flat for A but B denies that existence of any
such contract. While the trial is at pace, A informs the court that he wishes to examine C, a witness to the agreement
between A anand B and submits C’s chief examination on affidavit.The court fixes a date for cross-examination of C but
C does not appear on that day. Now, the court does not have many choices in these situations. It can dismiss the witness
testimony or adjourn the hearing for that day. Thus, CPC provides for adjournment.
“DENIAL OF TIMELY
JUSTICE AMOUNT TO
DENIAL OF JUSTICE
ITSELF”
 WHAT IS ADJOURNMENT?

When the hearing of evidence has once begun, the hearing of the suit shall be continued from day to day until all the
witnesses in attendance have been examined, unless the Court finds the adjournment of the hearing beyond the
following day to be necessary for reasons to be recorded.

“A putting off or postponing of proceedings; an ending or dismissal of further business by a court,

legislature, or public official either temporarily or permanently. If an adjournment is final, it is said to be sine
die, "without day" or without a time fixed to resume the work. An adjournment is different from a recess,
which is only a short break in proceedings.”

Adjournment is entirely discretionary, but the discretion must be exercised in a judicial and reasonable manner not
arbitrarily or with capriciousness manner No hard and fast test can be laid down as to how this discretion should be
exercised on each occasion. It would vary according to the facts and circumstances of each case.
Adjournment will be given to both the parties to present their arguments with evidence to call witnesses or bring
evidence to the court due to this adjournment will be granted to the parties and this leaves will often be repeated by
lawyer, parties and judges this adjournment will be given for deliberately delaying the case.
 GENERAL PROCEDURE OF ADJOURNMENT
RULE 1

Rule 1 of the Order empowers the court to adjourn a hearing in a suit if a party seeking adjournment shows the court that there is
sufficient reason for the adjournment.The procedure and traits of an adjournment under Rule 1 of Order XVII can be enlisted as
follows:

1. The party to the suit must move the motion of adjournment before the court. It means that when the hearing in a suit commences,
the party seeking adjournment of the hearing shall request the court to adjourn the hearing for that day. The court has the discretion
to adjourn the hearing which means that the Court can choose not to adjourn the hearing and proceed normally. However, the court
cannot suo motu adjourn a case unless either of the parties or their pleaders make a request.

2. The party seeking adjournment of a hearing shall provide sufficient reasons for seeking adjournment of the hearing. Date of
hearing in a suit is always fixed at least one month in advance. Therefore, the parties have a huge burden to satisfy the court that
adjournment is unavoidable and against the interest of justice.
3. The hearing can be adjourned and the request for adjournment can be made at any time during the hearing of the suit before
the court renders the decree. There is no specific stage for claiming adjournment, nor is there a bar.

4. The court shall record the reasons for adjournment of the hearing for that day in writing and such written reasons will form
part of the record of the case.

5. There can be several reasons for seeking adjournment of a hearing and Rule 1 recognizes one such reason to be to grant
time to the parties to the suit to prepare their respective cases.

6. The court cannot grant an adjournment to the same party more than thrice in a suit. It means the total number of
adjournments allowed to be sought by the parties are six in the complete proceedings.

7. The court shall fix another date for hearing in the suit and announce the date before the parties after passing the
adjournment order. Further, while fixing the date of the next hearing, the court shall also pass an order with respect to costs
that need to be borne because of the postponement of the hearing.

8. Adjournment shall be an exception to the normal rule of day to day hearing until the case is finally disposed of.
Adjournment is only the last resort of the court and should only be granted if the circumstances in the case go beyond the
control of the parties and the case needs to be adjourned. Rule 1 specifically mentions that a pleader cannot plead the excuse
of being busy in another court for the reason of adjournment.
 ADJOURNMENT WHEN PARTY FAILS TO
APPEAR(RULE 2)

The general procedure when a party to a suit fails to

appear is mentioned in Order IX of CPC. The rule
empowers the court to dismiss the suit if the plaintiff
is absent or pass an ex-parte order if the defendant is
non-appearing.

However, Order XVII Rule 2 of CPC allows

the court to deviate from the general rule and
adjourn the hearing for that day in lieu of
passing an ex-parte order or order of dismissal.
 RULE 3

Rule 3 states that if a person who was supposed to give evidence in the case
on the date fixed for his/her evidence, fails to give evidence and fails to
appear, the court can opt for two options:

1. If the parties to the suit are present in the court, the court may proceed to
decide the suit further and
2. If the parties or either party is absent, the court may proceed as
aforementioned. This summarises the entire procedure of adjournment.
 Case Laws:

● 2020 SCMR 300 SC MOON ENTERPRISER CNG STATION, RAWALPINDI

VS SUI NORTHERN GAS PIPELINES LIMITED

Practice in lower courts of seeking multiple adjournment s on frivolous grounds delay trial.

● 2020 PCrLJ 1184 HC MUNAWAR HUSSAIN VS The State

Proceedings must be conducted, as far as practicable, without any interruption and no

adjournment should be granted unless the court thinks that it is extremely necessary to
meet the ends of justice
 Rule 4

Where a suit or proceeding is set down for a day which is a

holiday, the parties thereto shall appear in the Court on the
day next following that day, or, when two or more successive
days are holidays, on the day next following the last of such
successive days, and the Court may then either proceed with
the suit on such day, or fix some other day thereafter.
 RULE 5

When on day the presiding officer of the Court is absent by reason of illness
or any other cause, the parties to the suit or proceeding set down for that
day(notwithstanding the knowledge that the presiding officer would be
absent) shall appear in the Court in the Courthouse on that day and the
ministerial officer of the Court authorized in that behalf shall hand over to the
parties slips of paper specifying the other date fixed for proceeding with the
suit or proceeding and signed by him
 CASE LAWS

● 2020 CLCN 4 LHC MUHAMMAD MUSTANSIR VS MAHNDI KHAN

In this case the defendant joined proceedings of the case and sought adjournment for filing
written statement but thereafter he did not appear and ex parte decree was passed.

● 2019 CLD 1240

SECURITIES-AND-EXCHANGE-COMMISSION-OF-PAKISTAN SAQIB
RAZA, DIRECTOR NIMIR INDUSTRIAL CHEMICAL LIMITED VS
DEPUTY DIRECTOR (CSD), SECP, ISLAMABAD
 CONTINUATION..

Appellant, on the date of hearing, neither appeared nor any request

for adjournment was received. Appellant, later on, informed the
Registry on phone call that he was not interested to pursue the
appeal and requested to allow its withdrawal. Appellant had
reiterated his request via email and letter. Therefore, the appeal was
dismissed as withdrawn.
 CONCLUSION

Adjournments which is a notorious problem in the functioning of courts by

granting time to parties without sufficient cause then this is a mistake on
part of judges they do have a discretion they can pass any order which they
think fit so even if the parties are not appearing the court can dismiss or pass
an ex parte decree.
The reason will be stated by parties, a lawyer on the ground that sudden
illness or physical ailment for that fact evidence will be given that evidence
should properly examine if there is any proof that evidence which was given
was false immediate action should be taken against them in terms of fine or
misleading court of law or wasting court time can be considered as willful
disobedience of the process of court. By concluding the fact that adjudicator
or the court should see that there should not be any undue advantage of
adjournment by giving frivolous adjournment.