Introduction 

• Order XVII of the Code of Civil Procedure, 1908 (CPC) lays down the process of adjournment. 
• Order XVII of CPC provides the conditions when adjournment can be granted to the parties by the court. 

What is Adjournment? 

• Adjournment is the postponement of the hearing or the trial proceedings at a later stage. 
• It is a kind of remedy provided to the parties for further preparation of the case or for fulfillment of any legal formality. 
• To prevent abuse of process and arbitrary actions CPC provides a limit for adjournments. 

What is Order XVII? 

• Granting of Adjournment: 
  • According to Rule 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 
  • It is provided that no such adjournment shall be granted more than three times to a party during hearing of the suit. 
• Cost of Adjournment: 
  • According to this rule, 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. 
• Conditions for Adjournment: 
  • It is provided that there are certain conditions when adjournment can be granted as: 
    • 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 the exceptional reasons to be recorded by it, the adjournment of the hearing beyond the following day is necessary.  
    • No adjournment shall be granted at the request of the party, except where the circumstances are beyond the control of that party. 
    • The fact that the pleader of a party is engaged in another Court shall not be a ground for adjournment. 
    • Where the illness of a pleader or his inability to conduct the case for any reason, other than his being engaged 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. 
    • Where a witness is present in Court but a party or his pleader is not present or the party or his pleader, though present in Court, 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 his pleader not present or not ready as aforesaid. 
• Procedure if Parties Fail to Appear: 
  • According to Rule 2, the Procedure if parties fail to appear on day fixed stated as: 
  • Where, on any day on 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. 
• Discretionary Power of the Court: 
  • The rule is further accompanied with an explanation which states that 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.  
• Parties Fail to Produce Evidence: 
  • According to Rule 3, it states that the Court may proceed notwithstanding either party fails to produce evidence, etc. as: 
    • 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 
      • If the parties are present, proceed to decide the suit forthwith. 
      • If the parties are, or any of them is, absent, proceed under rule 2. 

What are the Causes of Adjournments? 

• Case Overload: 
  • The Indian judiciary is burdened with an overwhelming caseload, leading to a strain on resources. 
  • Overworked judges and court staff often struggle to manage the huge volume of cases, making it difficult to adhere to strict timelines. 
• Procedural Delays: 
  • The diverse legal procedures and documentation requirements contribute to delays. 
  • The need for a strict adherence to procedural formalities often leads to adjournments as parties may not be adequately prepared. 
• Lawyer Unavailability: 
  • The unavailability of lawyers due to personal or professional commitments is a common cause of adjournments. 
  • Legal practitioners may have multiple cases scheduled on the same day, resulting in requests for postponement. 
• Witness Unavailability: 
  • The absence of key witnesses is another factor leading to adjournments. 
  • Coordinating the schedules of multiple parties involved in a case can be challenging, causing delays in the legal proceedings. 

Conclusion

The provisions under Order XVII are outlined to prevent abuse of process and to help parties to present themselves with the best of their resources. Sometimes, adjournment can have a bad impact on people involved in legal cases. Fixing this problem needs a big plan that includes changing how the courts operate, making the legal process smoother, and a promise to make things happen faster.