IMPORTANT POINT
The court emphasized that routine adjournments in civil proceedings undermine justice, necessitating strict adherence to statutory limits and the imposition of costs for delays.

JUDGMENT :

Heard Mr. A. Das, the learned counsel appearing on behalf of the Petitioner and Mr. D. Nandi, the learned counsel appearing on behalf of the Respondent.

2. This is an application filed under Article 227 of the Constitution challenging the order dated 05.10.2023 passed by the Court of the learned Civil Judge (Senior Division) No.2, Kamrup (M) at Guwahati in Title Suit No.501/2016 whereby the learned Trial Court had imposed a cost of Rs.5,000/- while granting an adjournment to the defendant at the stage of cross examination of the Defendant No 2.

3. This Court has duly taken note of that the defendant was given the opportunity to adduce her evidence way back on 23.11.2017. Thereupon, for the next 6 (six) years, the defendant had not been able to complete her evidence. It is further seen that the learned Trial Court vide the impugned order dated 05.10.2023 had granted an adjournment by imposing a cost of Rs.5,000/- with a further direction to produce the Defendant witness No.2 to face cross-examination on the next date. It is under such circumstances, the supervisory jurisdiction of this Court is invoked.

4. This Court at the outset expresses its shock at the time taken for adducing of the defendant’s evidence. This Court is presently taking up the roster of Civil Bench 1 which deals with matters relating to orders and judgments of the Learned District Judiciary in civil proceedings amongst others. This Court had noticed that huge delays at the stage of evidence in civil litigations which have eventually led to delay in the disposal of the suits. Under such circumstances, before dealing with the case in hand, this Court is of the opinion that certain observations are required to be made in so far as adjournments are concerned at the stage of hearing of a suit.

5. The Code of Civil Procedure, 1908 (for short ‘the Code’) was amended with effect from 01.07.2002 in order to streamline the procedures, save judicial time and further to arrest the unnecessary delays in disposal of the suits. Amongst the many, it is relevant to observe the following:

(i). The time for filing of the written statement was streamlined thereby the maximum permissible period within which the written statement is required to be filed is inserted.

(ii). The filing of the document(s) which are relied upon, are required to be filed along with the Plaint or the written statement and the consequences for not filing at the proper stage.

(iii). The power to amend the pleadings have been curtailed after the trial had begun and could only be allowed with proper explanation as regards due diligence.

(iv). Production of the original documents relied upon at the time of filing the Plaint or the written statement on or before the settlement of Issues and the marking of the said documents.

(v). Fixing a time line within five days from the date of presenting the list of witness for obtaining the summons on an application filed under Order XVI Rule 1(2) of the Code (vi). Limiting the number of adjournments during the hearing of the suits.

(vii). Mandatory imposition of costs occasioned by the adjournment or such higher costs as the Court deems fit.

(viii). The stage of hearing of the suits have been properly defined to include from the stage of adducing evidence by the parties till arguments are made. Power being conferred upon the learned Trial Courts to fix the duration of the oral arguments.

(ix). The manner of recording evidence have been substantially altered whereby the examination in chief is to be filed by way of affidavit and the cross examination and reexamination would be recorded by the Court or the Commissioner appointed in that regard.

6. As this Court would be dealing with the aspect of adjournments at the stage of hearing of the suits, it is relevant to take note of Order XVII Rule 1(1) of the Code post 01.07.2022. Rule 1(1) of Order XVII of the Code is the