{"id":4090,"date":"2024-12-28T13:50:30","date_gmt":"2024-12-28T08:20:30","guid":{"rendered":"https:\/\/lawjurist.com\/?p=4090"},"modified":"2024-12-28T13:52:58","modified_gmt":"2024-12-28T08:22:58","slug":"adjournment-proceedings-in-the-judicial-attitude","status":"publish","type":"post","link":"https:\/\/lawjurist.com\/index.php\/2024\/12\/28\/adjournment-proceedings-in-the-judicial-attitude\/","title":{"rendered":"ADJOURNMENT PROCEEDINGS IN THE JUDICIAL ATTITUDE"},"content":{"rendered":"
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Diksha Dubey from Law College Dehradun Faculty of Uttranchal University <\/p>\n\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t

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ABSTRACT<\/b><\/h5>\n
This article deals with the adjournment proceedings in the judicial system. Whenever there\u2019s a need or when a party requires more time to prepare for the case in order to collect more evidences or witnesses or there\u2019s an absence of legal presentation they ask from the court to postpone the current proceedings to a later date. However, in most of the cases the legal representative continuously ask for this and try to delay their own case for their own benefit. This very well connects with the famous legal maxim i.e. <\/span>\u201cjustice delayed is justice denied\u201d. <\/span><\/i>\u00a0As, this only leads to the backlog of cases which only overburdens the court. When we talk about data to find out the pendency of cases in figures, we can look to the data provided by <\/span>National Judicial Data Grid<\/b> which provides that a total of 44271753(both civil and criminal) cases are pending and almost 28722517 cases are more than a year old which contributes to 64.88 % of total percent. In this article, we will discuss what is the power and duty of the court, the maximum adjournment which can be given to any party, the costs of adjournment and so on. At a later stage, this article will also discuss how this process has become a challenge in the judicial process.<\/span><\/h5>\n
Keywords : postpone; dismiss; adjournment; procedure<\/b><\/h5>\n
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INTRODUCTION<\/b><\/h5>\n
The word \u2018adjourn\u2019 means, to put off; defer; recess; postpone. To postpone action of a convened court or legislative body until another time specified, or indefinitely; the latter being usually called to adjourn sine die. To suspend or recess during a meeting, legislature or assembly, which continues in session<\/span>.”<\/span><\/h5>\n
Therefore it can be said that adjournment simply means, \u201cA putting off or postponing of business or of a session until another time or place. The act of a court, legislative body, public meeting, or officer, by which the session or assembly is dissolved, either temporarily or finally, and the business in hand dismissed from consideration, either definitely or for an interval. If the adjournment is final, it is said to be sine die<\/span>.\u201d<\/span><\/h5>\n
The Law of Adjournment is dealt under Order XVII of the CPC, 1908, however the Code does not provide for any definition of the term. Court cannot \u201csue moto adjourn\u201d the case, they do only on the request of either of the parties. Delhi High Court issues a Circular on 05-08-2024 stating that <\/span>\u201cParties Must Avoid Unnecessary Adjournments In Bail, Suspension Of Sentence Cases.\u201d<\/span><\/i> The Circular was issued by the Court to enhance the judicial\/legal process and for speedy disposal of the cases for moving in the direction of efficient functioning of the judicial system. The circular also stated that <\/span>\u201cCooperation of the bar in adhering to these resolutions would be highly appreciated.\u201d<\/span><\/i><\/h5>\n
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Two of the most frequently asked question regarding adjournment proceedings are : –\u00a0\u00a0<\/span><\/h5>\n