RETURN OF PL AINT

ORDER 7 RULE 10
• Plaint can be returned on the ground of lack of
jurisdiction, Following options available after return of
plaint:
– Present it to proper Court (O.7, R10)
– Apply to returning Court to fix a date in proper
Court. (O.7, R10-A)
– Appeal u/O.43, R.1(a)
• Set aside
• Uphold
– Present it yourself
– Application to fix date. (O.7, R10-B)
ADJOURNMENT
ORDER 17
O.17, R.1 : Court may grant time and adjourn hearing
 At any stage of hearing
 Sufficient cause is shown by any party;
 May adjourn hearing by recording reasons in writing.
 Proviso : no adjournment shall be granted for more
than 3 times to a party in a suit.
O.17, R.1 (2) : Cost of adjournment
 Court shall fix a day for further hearing and order as
to costs occasioned by adjournment. Provided :
a) Hearing shall continue from day to day until all
witnesses have been examined. In exceptional
condition adjournment may be granted.
O.17, R.1 (2) : Cost of adjournment
b) No adjournment except where the circumstances are
beyond the control of party.
c) Engagement of pleader in another Court shall not be
a ground for adjournment.
d) Illness of pleader Can be ground for adjournment,
provided party is able to prove that party had no time
to engage another pleader in time.
e) Witness present, willing to get examined but the
party or his pleader is either absent or not willing to
examine the witness, the Court may record the
statement and pass such order as it thinks fit
dispensing examination of witness by party.
O.17, R.2 : procedure if parties fail to appear on day fixed
 Either party or both failed to appear.
 The Court may proceed to dispose of the suit as per
Order IX, CPC.
 Explanation : when substantial evidence is already
recorded and such party failed to appear. The Court
may proceed as if party were present.
O.17, R.3 : Court may proceed notwithstanding either
party fails to produce evidence, etc.
 If parties present, Court may proceed to decde suit
forthwith;
 If parties or any of them are absent, Court may
proceed as per Order 9, CPC.
Salem Advocate Bar Association v. UOI, AIR 2003 SC
• SC held that provision limiting adjournments can not
be held to be ultra-vires or unconstitutional.

Salem Advocate Bar Association v. UOI, AIR 2005 SC

• SC again observed that in extreme and exceptional
circumstances this strict rule limiting adjournment
does not apply. The Court has discretionary power to
grant more than 3 adjournments.
JOINDER, NON-JOINDER &
MIS-JOINDER OF PARTIES
NECESSARY AND PROPER
PART Y
ORDER 1