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...Additional Judge of the court of Civil Judge Class I, Lakhnadon, District Seoni whereby the application of petitioner under Order XVII Rule 1 of C.P.C.
was...application under Order XVII Rule 1 was filed for adjournment. The court has observed that the petitioner has earlier also taken numbers of adjournment on the basis of same...petitioner under Article 227 of the Constitution of India being aggrieved by the order dated 13.05.2016 passed by Ist...
...Adjournment under order xvii Rule 1 C.P.C. cannot be granted under any circumstances for more than 3 times to a party during trial of the suit (Mark -1... Advocates Bar Association Case 2005 (6) SCC 344. According to him even though under Order XVII Rule 1 under...times adjournment can be granted. It is clear that going by the provisions of Order XVII Rule 1, the answer given by the first respondent is wrong. It is on the basis of...
...1. In this appeal it has been submitted that the appeal should be dismissed on the ground that under Order XVII, Rule 1, it was presented out of time. It has...also been questioned whether the order appealed against is a final order within the meaning of those words in Section 205(1) of the Government of India Act, 1935. We do not...
...adjournment under Order XVII Rule 1 read with Section 151 CPC has been rejected. The case was fixed for defendants' evidence. By the aforesaid application, adjournment was sought...much less medical evidence etc. Application is not bonafide and, therefore, the same deserves to be rejected in the context of proviso enshrined under Order XVII Rule 1 CPC...impugned, this Court is of the view that no error much less jurisdictional error can be found to have been committed by the trial court while rejecting the application under Order XVII Rule 1 CPC...
...of salem advocate bar association vs. Union of india, reported in 2005 air scw 3827, wherein hon'ble apex court has examined provision of order xvii rule 1 of cpc as inserted by amendment act of 1999.... In this case hon'ble apex court has observed as under: -
31. While examining the scope of proviso to order xvii, rule 1 that more than three adjournments shall not be granted, it is...to be kept in view that proviso to order xvii, rule 2 incorporating clauses (a) to (e) by act 104 of 1976 has been retained. Clause (b) stipulates that no adjournment shall be granted at the reque...
...being relating to civil and criminal procedure respectively, and, in the absence of any such law, by the discretion of the Court.5. Order XVII, Rule 1(2) Proviso (a) of the CPC states...reasons to be recorded by it, the adjournment of the hearing beyond the following day is necessary. Further proviso (e) to Order XVII Rule 1(2) of the CPC provides that where a...pleader not present or not ready as aforesaid. It is also clear under Proviso (b) to Order XVII, Rule 1(2) of the CPC that no adjournment shall be granted at the request of...
...District Judge, Shivpuri in civil suit No.4A/2009. The trial Court by the impugned order has rejected the application filed under Section 151 read with Order XVII Rule 1 and 2 CPC...attorney executed by his wife to depose on her behalf. Therefore, he has filed an application under Section 151 read with Order XVII Rule 1 and 2 CPC to bring on record the aforesaid document. The trial...as an exhibit.
Learned senior counsel challenging the aforesaid order passed by the trial Court submits that under the provisions contained in Order XVII Rule 1 and 2...
...adjournments, no further adjournment can be granted to them as per the provisions of Order XVII Rule 1 of the Code of Civil Procedure.
Counsel for the...amended Order XVII Rule 1 of the Code of Civil Procedure, has held that the provision of Order XVII Rule 1 is not mandatory ...provisions of Order XVII Rule 1 of the Code of Civil Procedure is mandatory in nature. The trial court appears to have ignored the reasons and explanations offered by the plaintiffs for...
...Order XVII, Rule 1 of the Code of Civil Procedure seeking adjournment, when the matter was fixed for Plaintiffs' evidence.
2. The brief facts, necessary for...suit was fixed for Plaintiff's evidence on 18.8.2006. On the said date, counsel for the Plaintiff filed an application under Order XVII, Rule 1 Code of Civil Procedure...Order XVII, Rule 1 Code of Civil Procedure which permits only 3 adjournments in such situations. While rejecting the said application, apart from referring to the provisions of...
...counsel for the respondents contended that in view of the proviso contained in sub - rule (1) of order xvii, cpc, plaintiff/petitioner having already availed three...take on record the affidavit containing chief - examination of plaintiff's witness parasram kukreja in the light of proviso to order xvii, rule 1, cpc on the ground that three opportunities for...sub - rule (1) of order xvii, cpc had no application on 25 - 4 - 2009. It comes into play only if a party seeks adjournment after having availed the same for more than three...
...Order XVII Rule 1 of CPC and closed the right of the petitioner to lead the evidence.
2. Learned counsel for the petitioner submitted that petitioner moved an application under...Order XVII Rule 1 of CPC which was dismissed by the trial Court. He also submitted that the trial Court has failed to consider each and every aspect of the case. Therefore, counsel prays that only one...respondent/State.
ORDER
By this petition under Article 227 of the Constitution of India, the petitioner has challenged the order dated...
...Order XVII Rule 1 CPC is not mandatory and in a suitable case, on justifiable cause, the court may grant more than three adjournments to a party for its evidence but...ordinarily the cap provided in the proviso to Order XVII Rule 1 CPC should be maintained. The Hon'ble Apex Court in the case of...BY THE COURT:By way of the instant writ petition, the petitioners have beseeched to quash and set-aside the order dated 10th August, 2011 whereby the learned trial court...
...under Order XVII Rule 1 CPC.
This Court while issuing notice on 27/1/2015 has stayed the operation of the impugned order dated 27/10/2014. Suit for...declaration and permanent injunction is pending since 2012.
Petitioner filed an application under Order XVII Rule 1 CPC seeking adjournment on the ground that the...served.
Petitioner/defendant; 75 years old, has approached this Court taking exception to the order dated 27/10/2014 passed by the trial court rejecting application seeking adjournment...
...Order XVII Rule 1 CPC is not mandatory and in a suitable case, on justifiable cause, the court may grant more than three adjournments to a party for its evidence but...ordinarily the cap provided in the proviso to Order XVII Rule 1 CPC should be maintained. The Hon'ble Apex Court in the case of...BY THE COURT:By way of the instant writ petition, the petitioner has beseeched to quash and set-aside the order dated 8th December, 2011, whereby the learned trial court did...
...Order XVII, Rule 1 of CPC. He also submitted that the respondent-plaintiff had also not given the list of the witnesses, whose affidavits she wanted to file.3. Though, it i...in Order XVII, Rule 1 of CPC, so far as the facts of the present case are concerned, it appears that the respondent-plaintiff had already produced the affidavits of the...Order XVIII, Rule 1 and 2 of CPC.2. It is sought to be submitted by the learned counsel Mr. R.K Daga for the petitioner that the Trial Court had granted last opportunity to the...
...Order XVII Rule 1 of CPC.
The respondent No.1 had filed a civil suit for permanent injunction against the petitioner. During pendency of the said suit, the petit...petitioner, therefore, filed an application under Order XVII Rule 1 of CPC for giving him opportunity to adduce the evidence. However, the prayer was refused by the trial...counsel for the respondent No.1.
Mr. Rohit Mangal, learned Government Advocate for the respondent No.2/State.
Heard.
The petitioner has filed the...
...must come to an end at an early date (refer, Order XVII Rule 1 and 2 C.P.C). The petitioner has produced copy of proceeding in Original Suit (M.T.S.) No. 06 of 2016 which...the suit expeditiously keeping in mind the mandate under Rule 1 and 2 to Order XVII C.P.C. (Shree Chandrashekhar, J.) sudhir ...would disclose that suit has been listed on as many as 37 occasions, however, it is still at the stage of plaintiff's evidence. The learned counsel for the petitioner submits that inspite of order dated...
...Counsel for the petitioner.3. The learned Counsel for the petitioner drew the attention of the Court to the provisions of Order XVII, Rule 1, C.P.C, as amended by Act...under Order XVII, Rule 1, C.P.C6. In the opinion of the Court, the submission of the learned Counsel for the petitioner is bereft of merit. The...provision of Order XVII, Rule 1, C.P.C is procedural in nature and even though the provision is couched in a negative manner, it does not mean that under exceptional circumstances, the...
...learned counsel for the petitioner. 3. The impugned order challenged in this writ petition is on I.A.No.10 filed under Order XVII Rule 1 of CPC by the...COURT MADE THE FOLLOWING: ORDER The learned counsel for the petitioner files a memo seeking withdrawal of this writ petition. 2. Perused the memo and heard the submission of the...petitioner in the Court below for an adjournment which came to be rejected by the Court below under its order dated 13.07.2018. 4. The learned counsel for the petitioner submits that...
..., Order XVII Rule 1 of C.P.C., under which the present application is filed has no application; the petitioners have failed to avail the opportunity granted earlier and that as the...to have rejected the application merely on the ground of non-application of Order XVII Rule 1 of C.P.C., and the petitioners having already availed the earlier opportunity...any denial as to the factum of death in the petitioners' family. The applicability {sic. non-applicability) of Order XVII Rule 1 of C.P.C., cannot be a ground to reject the...