Code of Civil Procedure, 1908

Order XVII CPC Rules 1, 2 and 3: Adjournment of Suits

Order XVII of the Code of Civil Procedure, 1908 regulates adjournments during the hearing of a civil suit. Rules 1 to 3 deal with the Court's power to grant time, costs and conditions of adjournment, the procedure when a party fails to appear on an adjourned date, and the Court's power to proceed when a party fails to produce evidence, secure witnesses or perform another act necessary for the progress of the suit.

Official legal source: The current central text of the Code of Civil Procedure, 1908 is available on India Code, Ministry of Law and Justice.

Important: Under Rule 1, ordinarily no more than three adjournments may be granted to a party during the hearing of the suit. Once hearing has commenced, witnesses in attendance should ordinarily be examined from day to day, subject to exceptional reasons recorded by the Court. State amendments and High Court rules should also be checked where applicable.

Rule 1 - Court may grant time and adjourn hearing

(1) The Court may, if sufficient cause is shown, at any stage of the suit grant time to the parties or to any of them, and may from time to time adjourn the hearing of the suit for reasons to be recorded in writing.

Provided that no such adjournment shall be granted more than three times to a party during the hearing of the suit.

(2) Costs of adjournment. In every such case the Court shall fix a day for the further hearing of the suit and shall make such orders as to costs occasioned by the adjournment or such higher costs as the Court deems fit.

Provided that:

(a) when the hearing of the suit has commenced, it shall be continued from day to day until all the witnesses in attendance have been examined, unless the Court finds that, for exceptional reasons to be recorded by it, adjournment of the hearing beyond the following day is necessary;

(b) no adjournment shall be granted at the request of a party except where the circumstances are beyond the control of that party;

(d) where illness of a pleader or inability to conduct the case for any reason other than engagement in another Court is put forward as a ground for adjournment, the Court shall not grant the adjournment unless it is satisfied that the party applying for adjournment could not have engaged another pleader in time; and

(e) where a witness is present in Court but a party or his pleader is not present, or the party or pleader, though present, is not ready to examine or cross-examine the witness, the Court may, if it thinks fit, record the statement of the witness and pass such orders as it thinks fit dispensing with the examination-in-chief or cross-examination of the witness, as the case may be, by the party or pleader not present or not ready.

Rule 2 - Procedure if parties fail to appear on day fixed

Where, on any day to which the hearing of the suit is adjourned, the parties or any of them fail to appear, the Court may proceed to dispose of the suit in one of the modes directed in that behalf by Order IX or make such other order as it thinks fit.

Explanation. Where the evidence or a substantial portion of the evidence of any party has already been recorded and such party fails to appear on any day to which the hearing of the suit is adjourned, the Court may, in its discretion, proceed with the case as if such party were present.

Rule 3 - Court may proceed notwithstanding failure to produce evidence, etc.

Where any party to a suit to whom time has been granted fails to produce his evidence, or to cause the attendance of his witnesses, or to perform any other act necessary to the further progress of the suit, for which time has been allowed, the Court may, notwithstanding such default:

(a) if the parties are present, proceed to decide the suit forthwith; or

(b) if the parties are, or any of them is, absent, proceed under rule 2.