During the course of litigation, the litigating parties are required to move various applications before the court .
Application for adjournment is one of such applications. Order 17 of the Civil Procedure Code deals with the Adjournment.
If there is adequate reason, the Court may grant an adjournment to the parties or any of them at any stage during the litigation.
In such cases, the court should give a date for the further hearing of suit and issue such orders as the court considers appropriate regarding expenses incurred as a result of the delay or greater charges.
A party’s request for an adjournment will not be granted unless the circumstances are beyond that party’s control.
The fact that the lawyer is in another court cannot be a good reason to request an adjournment.
IN THE COURT OF SENIOR CIVIL JUDGE
AB ………………. Plaintiff
CD ………………. Defendant
Application for Adjournment
This application of behalf of the defendant is as follows:-
(a) Today the abovementioned case is fixed for cross-examination of the defendant.
(b) The defendant is however unable to attend the court today as his son has met with an accident on………….date and is hospitalized. He is required to undergo surgery today and the defendant therefore has to take care of this son. Hence he is unable to remain present before the Hon’ble Court for cross-examination. Medical report and certificate is attached herewith.
It is therefore most humbly prayed that case may please be adjourned and fixed to next suitable date in the interest of justice.
Advocate for Defendant