Civil Procedure Code, 1908, Order 17, Rule 1(1) -- Change in counsel - Not a sufficient ground to grant adjournment...........
Civil Procedure Code, 1908, Order 17, Rule 3, 1(1) -- Closing of plaintiff's evidence - Plaintiff obtained 7 adjournments for leading evidence but failed to do so - Not even present in Court for recording his own statement on the date when order passed - Change in counsel - Not a sufficient ground to grant adjournment - Order closing evidence - Upheld...........
Civil Procedure Code, 1908, Order 9, Rule 8, 9 -- Suit fixed for plaintiff's evidence - Many adjournments granted - Plaintiff seeking adjournment for calling of documents - Declined - Held, even if application filed by plaintiff does not find favour with Court then instead of dismissing the suit for non prosecution, it would have been appropriate to adjourn on certain..........
Civil Procedure Code, 1908, Order 17, Rule 3 -- If case being proceeded under Order 17 Rule 3 and not decided forthwith - Evidence of party at fault cannot be closed - Opportunity to produce witnesses on next date of hearing - Cannot be denied - Granting or refusing to grant adjournment - Within discretion of Court - After refusing to grant further adjournment evidence..........
Civil Procedure Code, 1908, Section 151, Order 17, Rule 2 -- Neither defendant nor his witnesses examined - Request for adjournment - Request rejected and evidence closed - Order can be said to be passed under S.151 and not under O.17 - Order however, not showing that Court considered it necessary to close evidence of defendant to secure ends of justice or to prevent abuse..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 200 -- Adjournment of complaint to some other date to examine the complainant under S.200 Cr.P.C. - Does not constitute taking cognizance of the offence...........
Civil Procedure Code, 1908, Order 18, Rule 2 -- Closure of evidence - Many opportunities granted to produce evidence but only one witness examined - Evidence closed on undertaking given by counsel on last date that evidence may be closed on next date - Objection of not giving adequate opportunity - Not tenable - Procedural law not intended to give edge to a party over the..........
Quick Disposal of Cases -- Adjournments - Very often adjournments are taken in collusion between two opposing lawyers in direct contravention of provisions of Advocates Act and provisions of Rule 1(2) of Order 17 CPC - This rule indicates that there should be day-to-day hearing of all suits unless for some exceptional reasons, to be recorded, adjournment becomes necessary..........
Punjab Gram Panchayat Election -- Postponement/Adjournment of election once process of election commenced and nomination papers filed-Challenge to-Clause (v) of Rule 14-A provides for adjournment of poll for 'any other sufficient reason to be recorded in writing' - A general clause on which election can be postponed-Rule 3(3) provides for amending, varying or modifying..........
Civil Procedure Code, 1908, Order 21, Rule 22, 54(1 -- A), 66(2) and 90 - Auction sale - Setting aside - Proceedings under Rule 90 are independent proceedings - Notice of execution given to J.D. under R.22 - Advocate appeared on his behalf and took adjournment to file counter but subsequently both J.D. and his counsel absent - Sale held ex parte - Property sold was..........
