4.1.

Postponement (Multabi)

Advocate
Prakash Maharjan
• Postponement means postpone the case through
the order of the concerned office/court. If the
disposal of the case being filed in one office cannot
be made until another case filed in any other office
is disposed, at that time the Court will postpone the
affected case (secondary case) and it is called
postponement. The provision of postponement of
the case has been mentioned in the No. 12 of Court
proceeding of the General Code.
• As per No. 12 postponement can be made in the
following cases:
– If the litigant who is not allowed to appoint an attorney is
also involved in a case filed in another office
– If the disposal of the case being filed in one office cannot
be made until another case filed in any other office is
disposed
– If the court has issued warrant and culprit has not
attended, in that case postpone can be made.
– In the case of theft, if a culprit has lapsed the time limit to
presence in the court, in such case postpone can be made.
• According to No. 12 of the Court proceeding of the General
Code, if a litigant (party to a case) who is not allowed to
appoint an attorney pursuant to section 1 or 2 of Number 65
of this Chapter is also involved in a case filed in another office
or the disposal of the case being filed in one office cannot be
made until another case filed in any other office is disposed
of, and the litigant makes an application, setting out the name
of case, office and date at which it has been filed, to the office
in which the case is filed, praying for the postponement of
case in accordance with law, the office shall inquire into the
application and do as follows, upon giving a proof thereof to
the litigant:
• Upon the making of such application, the office
shall write to the office in which the case has been
filed, setting out the name of case filed in the office,
and in the event that the case filed in the office has
to be disposed and the case filed in that other office
has to be postponed, shall write to that other office
for the postponement of the case filed in that other
office until the case filed in the office is disposed,
indicating the days within which the case will be so
disposed;
• and in the event that the case filed in the
office has to be postponed and the case filed
in that other office has to be disposed, shall
write to that other office for the disposal of
the case filed in that other office, and giving
information of disposal to the office, indicating
that the case filed in the office has been
postponed; and a receipt thereof has to be
obtained.
• After the postponement of case as mentioned,
the office making postponement of case shall
execute a memorandum to the effect that
proceedings shall commence after the
disposal of the case filed in the other office
and assign both parties to the case the due
date for presence.
• If, after the postponement of case, the person
applying for postponement appoints an attorney
in the case to be disposed earlier, the office shall
give information, immediately with the
registration of the attorney, to the other office
that the litigant has appointed the attorney in
the case being tried by the office and that the
other office may proceed the trial of the case
filed in that other office………………………………..1
• The office disposing case earlier shall, upon the disposal
of case, give information thereof, indicating the date of
disposal, to the office postponing case, and appoint the
due date to the litigants to make presence with the office
postponing case within Fifteen days excluding the time
required for journey, and forward the evidence of
appointment of due date to the office in which the case
has been filed, with a request for the acknowledgement
of receipt thereof. If the litigant is absent or in detention
at the time of disposal of case, it is not required to
appoint the due date for the presence of litigant.
• In the case of absence, it must be written,
after the expiration of the time for making a
dismissal or ex parte judgment from the date
of expiration of the due date, that the litigant
has been absent on the due date appointed by
the office, and in the case of detention, that
the litigant has been held in detention from
certain date for certain reason……………..2
• One who expires the due date in the case to be
disposed earlier must make presence in the office
where case is postponed within Fifteen days from
the date of expiration of the extendable time, and
one who is in detention must make presence in
such office within Fifteen days from the date of his
or her release and one who appoints an attorney,
within Fifteen days from the date of appointment of
attorney, excluding, in all cases, the time required
for journey.
• If the litigant who has expired such time-limit
and due date makes presence in the office
where case is postponed within the time as
mentioned, the office shall carry out the
necessary proceedings and dispose the case..
…….3
• Upon receipt of information that the litigant has been
held in detention or imprisonment, the case postponing
office need not wait until the litigant makes presence in
order to take action. The office must keep on inquiring
into whether the litigant has been released or not, and
summon the presence of such litigant if so required under
the law in cases where the litigant has not been released
or there is no circumstance for his or her release, and
dispose the case by carrying out proceedings whatever
may be required under the law, and deal with the matter
in accordance with law…………………………4
• With the exception of cases in which a litigant makes
presence after expiration of the time and due date,
proceedings must not be carried out upon expiring the due
date irrespective of the involvement of the litigant without
disposing the case required to be disposed earlier. The case
has to be postponed until the case required to be disposed
earlier is disposed. If the other office has not disposed the
case within the time as written for disposal, the office has to
send a remainder to the office required to dispose the case
earlier and cause such other office to make disposal, and then
try and dispose the case filed in the office………………………5
 Postponement in the context of warrant:

• According to Number 190 of the court proceeding of

the General code, out of the accused of a case in
which warrant can be issued, judgment shall be
made as whatever is held upon examining whatever
is required in the case of the accused who has filed a
statement of defense or made a deposition in the
case trying office or in the case of the accused who
has once made presence in the office but has gone
away despite that such accused has not filed a
statement of defense or made a deposition.
• In the case of the accused who has not made presence in the
office, the available witness, evidence shall be examined and
public inquiry made, and if such accused fails to make
presence or is not arrested even within Six months after the
issuance of warrant, then the case shall be so postponed that
it shall be proceed and tried in accordance with law as and
when such accused makes presence or is arrested; and even
though the accused of the case so postponed is not found or
fails to make presence, the case shall be proceeded, tried and
adjudged upon the evidence as examined after the
completion of Two years of the attachment to the partition
share of that accused.
• According to Number 191, if, in a case postponed,
the other persons, except one the absence of
whom has resulted in the postponement, make
presence, those who are held in detention and on
recognizance for trial until the absent defendant is
arrested shall not be so continued to be in
detention and on recognizance irrespective of
whether the arrested defendant confesses or
denies the allegation.
• Even if the absent person is not arrested and produced
even until the period of detention equal to such term of
imprisonment as may be imposable if the detained
accused is held guilty of offense or even if such person is
arrested and produced but the case is not matured for
judgment, such person shall be released immediately
when the punishment imposable on him or her is served;
and if the absent person is arrested and the case is not
matured for judgment and the present person has to be
released on recognizance for trial, such person has to be
released on recognizance,
• and if the absent person is not arrested and
produced or fails to make presence, the date for
making presence by the person released from
detention and by the person already on recognizance
shall be fixed and such persons shall be released
accordingly, upon a deed being executed by such
persons covenanting that they shall make presence
as and when they receive a notice from the office to
that effect. If, after the absent person is arrested or
makes presence voluntarily,
• it is necessary also to subpoena the persons
who were so released from detention or
released on recognizance previously, they may
be subpoenaed and examined and held on
recognizance as and when so required.