Understanding '' or Requests Before the
In the fast-paced world of litigation, advocates often face unforeseen circumstances like illness that prevent them from appearing in court. A common plea heard in courtrooms is , seeking a short postponement or . But under which provision does the typically mention or grant when advocates make such requests? This question is crucial for lawyers navigating High Court procedures, ensuring smooth case management while respecting professional health needs.
This blog post explores the primary legal foundation, rooted in established High Court rules and traditions, drawing from key judgments and practices. Note: This is general information based on reported cases and should not be considered specific legal advice. Consult a qualified lawyer for your situation.
The Core Provision:
The provision most directly linked to mentions of or in response to advocates' requests—particularly before High Courts like Calcutta—is Order XVIII Rule 15 (also referenced as ) of the Rules, 1952. While the rules originate from Allahabad, they reflect broader practices influential across High Courts, including Calcutta, through analogous traditions and administrative powers. 2016 6 Supreme 99
This rule empowers the Chief Justice with to manage court business, including adjournments on grounds like illness. As stated in the order:
The Chief Justice has the under the Constitution to distribute the business of court among various Judges for purposes of disposal of cases... If a counsel on account of the reasons set out in the Rule, which also includes his illness, is unable to attend the court on any particular day or for any particular period of time, he can make an application to the Chief Justice... Once this application is allowed, it becomes the duty of the Registry to give effect to this order by not listing the cases of that counsel before the court. 2016 6 Supreme 99
This mechanism ensures that genuine requests lead to or , preventing litigants from suffering due to court errors: If, however, such a case is listed by mistake, the litigant or the counsel cannot be the sufferer, in accordance with the saying that ‘’. 2016 6 Supreme 99
The Tradition of '': A Binding Practice
Beyond the formal rule, a longstanding tradition governs these requests: the submission of . Advocates provide these to the or , who notifies the court. Upon notice, the case is traditionally adjourned, embodying mutual trust between the bench and bar.
The court affirmed:
The tradition in the is that an 'Illness Slip' is usually given to the or the of the Court and it is expected of the that he would bring it to the notice of the court either at the beginning of the day or at the time when the case is called out and taken up for hearing. Once the 'Illness Slip' is brought to the notice of the Court, the case, traditionally, is adjourned. 2016 6 Supreme 99
This practice, upheld as part of the Chief Justice's administrative powers, was defended against calls for abolition: Plea for abolition of on ‘illness slip’ was rejected as absurd and inappropriate. 2016 6 Supreme 99 It underscores respect for advocates' health while maintaining procedural integrity.
Application in Context
While the quoted rule is from Allahabad, similar administrative practices are observed in the , as seen in various orders. For instance, in a , the court noted advocates' presence and fixed dates, reflecting routine handling of appearances and adjournments. 2025 Supreme(Online)(Cal) 5002 In another matter at the , was granted on prayer, with the case fixed for hearing, showing flexibility for represented parties. 2023 Supreme(Online)(CAL) 2265
orders frequently mention adjournments without opposition, aligning with trust-based traditions. In one case, Today also, the counsel for the petitioner mentioned the matter for , which was refused, highlighting . 2018 0 Supreme(Del) 2013 Similarly, unopposed adjournments were granted when parties agreed, emphasizing consensus. 2018 0 Supreme(UK) 75
These examples illustrate how benches typically respond to pleas—via applications or slips—mirroring the rule's spirit, though local rules like the Appellate Side Rules, 1972, may supplement.
Key Steps for Advocates Seeking
To leverage this provision effectively:- Submit an application to the Chief Justice, , or , citing illness or valid reasons.- Provide an illness slip early in the day or when the case is called.- Ensure genuineness: Courts reject frivolous requests, as in cases where sought repeated adjournments without merit. 2016 0 Supreme(Del) 930
Exceptions, Limitations, and
Adjournments are not automatic. The court retains discretion to deny misuse:- Mutual trust is key: Abuse can lead to stern action. 2016 6 Supreme 99- No routine grants: Repeated or unexplained requests may be refused, as when a petitioner sought on the eve of hearing after prolonged self-representation. 2012 0 Supreme(Del) 797- Litigant protection: Even if listed by mistake, parties aren't penalized. 2016 6 Supreme 99
In motor accident claims, tribunals refused adjournments for non-appearance or synopsis delays, prioritizing efficiency. 2016 0 Supreme(Del) 930 This balances fairness with timely justice.
Recommendations for Best Practices
- Advocates: Submit genuine slips promptly and avoid over-reliance to uphold trust.
- Courts: Uphold traditions but document deviations to prevent abuse.
- Litigants: Monitor listings and coordinate with counsel for applications.
Any changes should be justified, maintaining proceeding integrity. Other High Courts, like Delhi and Bombay, echo similar approaches in orders referencing Calcutta precedents.
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2025 Supreme(Online)(Bom) 6503Conclusion and Key Takeaways
In summary, when advocates seek before the , the mention of typically invokes practices akin to Order XVIII Rule 15 () of relevant High Court Rules, bolstered by the illness slip tradition. 2016 6 Supreme 99 This framework promotes efficiency, empathy, and trust.
Key Takeaways:- Rooted in Chief Justice's administrative powers.- to ensure traditional adjournments.- Discretion prevents abuse; genuineness is paramount.- Influences Calcutta practices, as seen in routine orders.
Stay informed on evolving rules, and always prioritize ethical practice. For tailored guidance, reach out to a local advocate familiar with procedures.
#CalcuttaHighCourt, #IllnessSlip, #CourtAdjournment