Adjournment

Introduction

Adjournment can be considered as a temporary or short time halt in the present procedure in the court. It can be also related to the postponement of the current proceedings to a relatively later date. Adjournment meaning reflects either permanent or temporary putting off or postponing the legal proceedings. In this context, only Judges have the empowerment of adjourning any case.

Various aspects related to Adjournment

Adjournment is a discretion provided by the Judge but until and unless a party requests for it the court cannot “Suo moto adjourn” the case. 

Understanding the Purpose

There can be various reasons for the adjournment. The reasons can be as follows:

• Adjournment can be requested when each of the parties requires more time for preparation
• In order to collect more data under the court’s observation
• In the case of absence of legal representation
• Absence of sufficient evidence or witness

Misuse of adjournment

In the case of requirements of time, adjournment is very important. At present time, there are several misuses of adjournment can be seen. Some of the parties are using this to purposely delay the legal proceedings. 

Adjournment motion and its purpose

Adjournment motion is used in Lok Sabha and it can be considered as the process of adjourning the house. The purpose of the adjournment motion is to discuss a particular matter for any urgent public and national importance. Moreover, it can be moved with the Speaker’s consent. In this context, the adjournment motion and related discussions should maintain the time limit of two hours and thirty minutes.

Generally adjourning a case

Generally, adjournment meaning can be considered as the fact when the Judge decides that a case has to be adjourned. Alongside, a generally adjourned case will exist but not be active any more if the Judge is adjourning it without any party’s request. 

Effectiveness of the adjournment in the suit

Some valid reasons are required when a concerned party is applying for an adjournment. The court is bound to postpone the related proceedings when the reason is valid after examining with the help of the NCAT. The reasons may include the following aspects:

• Serious illness
• Getting additional information or documents
• Getting additional evidence and so on

Under CPC, order 17, no adjournment can be considered more than three times. Adjournment can be requested anytime and by any party, if the reason is written in the court of law. 

Adjournment vs postponement: How are they different?

Meaning of the notice of an adjournment

Notice of adjournment is related to the required delay done by the court to deal with a particular case when the concerned party is pleading “not guilty”. In this case, the court will consider the following aspects:

• The prosecution
• The witnesses
• The jurors
• The administration of justice
• The adjournment procedure for the topic of interest
• The fact of refusal of the request
• The procedural unfairness, if any

Delay in processing and consequences in the court of law

Delayed justice is often known as “denied justice”. Unnecessary adjournment is one of the main factors for delayed justice. Thus, the administration should be stricter and evaluate every aspect before adjournment.

Conclusion

Adjournment is all about long-term and short-term hold in proceedings of a court case. Adjournment motion is practiced for the delay of meeting in the Lok Sabha. Postponement and adjournment are often mistaken and used as the same while the former is a more casual approach than the later one because adjournment is requested in a written format. The adjournment process is beneficial in many contexts and should not be misused.