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adjournment

English · a-JURN-ment · Courts and procedure

Meaning. Postponement of a hearing to a later date.

An adjournment is the court's decision to put off the hearing of a case to another day. It is discretionary, and is given only on sufficient cause. Repeated adjournments are a main cause of delay, so the law limits them.

In civil cases, Order XVII CPC says no more than three adjournments may be granted to a party during the hearing of a suit, and the court may award costs. In criminal trials, the BNSS requires that once examination of witnesses begins it shall continue day to day, and adjournment is not to be granted merely at a party's request or because a pleader is engaged elsewhere. Sine die means adjourned without fixing a date.

Example

The defendant had already taken three adjournments to file evidence, so the court refused a fourth under the proviso to Order XVII Rule 1.

In Indian law

  • Order XVII, Code of Civil Procedure, 1908 (adjournments)
  • Section 346, Bharatiya Nagarik Suraksha Sanhita, 2023 (old s.309 CrPC): power to postpone or adjourn proceedings

See also

sine die · trial · suit

Read more in the study notes

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