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CPC provisions and Courts

legalarc - Member Since: Oct 2008
Subject - CPC provisions and Courts
Order 17 Rule 2 (d( Proviso (b)states that the fact that the pleader is busy in another court is not a ground for adjournment.

Do you this this is being followed in the Courts?
Kuljit Pal Singh Full Member - Member Since: Oct 2008
Subject - Re: CPC provisions and Courts
Dear Friend

U have raised very good question regarding adjournments. The said provision is clearly bar the adjornments taken place in this manner but again the judge has the discreation to grant the adjournment on any other valid reason. Even more than 3 continuous adjournments is also barred. Its all depend on the relationshipp and rapport between the judge and the advocate. Even CPC is such a legislation that a shrewd lawyer can delay the proceedings at his will by putting applications and misusing the provisions therein.

Regards
premprasoon - Member Since: Oct 2008
Subject - Re: CPC provisions and Courts
If the advocate is busy in a higher court one can take that plea that he is busy in a superior court. This is not the case when he is busy in an equivalent court or a subordinate court.
Regards
Prem Prasoon


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