ES व्यवहार प्रक्रिया संहिता में 'स्थगन' के बारे में क्या प्रावधान किया गया है? समझाइए।

Provisions Regarding Adjournments in the Civil Procedure Code (CPC)

1. Meaning of Adjournment

Adjournment refers to the postponement of court proceedings to a later date. It is granted when a party or the court itself requires additional time for the fair and just disposal of a case. However, frequent adjournments delay justice and are discouraged by law.

The Code of Civil Procedure, 1908 (CPC) regulates adjournments under Order XVII and Section 35B to ensure judicial efficiency.

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2. Legal Provisions on Adjournments in CPC

(A) Order XVII – Adjournments

Order XVII of CPC specifically deals with adjournments and prescribes conditions under which they may be granted.

(i) Rule 1: Power of the Court to Grant Adjournment

• The court may adjourn a hearing if sufficient cause is shown.
• The court must record the reasons in writing for granting an adjournment.
• The party requesting adjournment may be asked to pay costs to the other party as compensation.

(ii) Rule 2: Consequences of Non-Appearance

• If a party fails to appear on the adjourned date, the court may:
  • Proceed ex parte (if the defendant does not appear).
  • Dismiss the suit (if the plaintiff does not appear).
  • Restore the suit if sufficient cause is later shown.

(iii) Rule 3: Adjournment After Hearing Has Begun

• Once the hearing has commenced, no adjournment should be granted unless there is an unavoidable reason.
• If an adjournment is granted, the witnesses already present must be examined, unless exceptional circumstances exist.

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(B) Section 35B – Costs for Frivolous Adjournments

To discourage unnecessary adjournments, Section 35B of CPC imposes costs on the defaulting party.

Key Points:

• If a party fails to proceed with the case due to its own fault, it may be asked to pay costs to the other party.
• Until such costs are paid, the defaulting party cannot proceed further in the case.

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3. Judicial Approach to Adjournments

The Supreme Court and High Courts have repeatedly emphasized that:

• Adjournments should not be granted as a matter of routine.
• Courts should ensure that adjournments do not lead to delays in justice.
• Lawyers and parties should not use adjournments as a delaying tactic.

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4. Situations Where Adjournments May Be Allowed

Courts may allow adjournments under exceptional circumstances, such as:

1. Sudden illness or emergency of a party or advocate.
2. Non-availability of crucial evidence beyond the party’s control.
3. Failure of a witness to appear despite proper summons.
4. Unforeseen events like a court strike, natural calamity, or death of a party’s lawyer.

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5. Conclusion

Adjournments are permitted only in exceptional cases to ensure fairness, but they must not be misused to delay justice. Order XVII and Section 35B of CPC regulate adjournments and impose costs to prevent unnecessary delays, ensuring that cases proceed efficiently and effectively.