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1881 Supreme(Cal) 88

CALCUTTA HIGH COURT
Wilson, J.
Shanks & Ors. - Appellant
Versus
Savage - Respondent
Decided On : 19-05-1881

Headnote:

Adjournment - Civil Procedure - Order 17 Rule 1 - The court has the discretion to grant adjournments, but such adjournments should not be granted without good reason as they cause inconvenience and delay in the administration of justice.

Fact of the Case:

The case involves an application for an adjournment by the plaintiffs.

Finding of the Court:

The court grants an adjournment for a fortnight, but on the condition that the plaintiffs bear the entire costs of the hearing.

Issues: Whether the court should grant the requested adjournment.

Ratio Decidendi: The court has the discretion to grant adjournments under Order 17 Rule 1 of the civil procedure rules. However, such adjournments should not be granted without good reason as they cause inconvenience and delay in the administration of justice.

Final Decision: The court grants a two-week adjournment, but orders the plaintiffs to bear the entire costs of the hearing.

JUDGMENT

Wilson, J. - Such adjournments are most inconvenient, and would not be listened to for a moment in England. I will grant an adjournment for a fortnight, on condition that the plaintiffs bear the whole costs of the hearing.

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