Requests for adjournment advancing of dates of hearing of
the cases are usually received in written applications. Such
applications are to be dealt with as indicated below.
In the Headquarters office the Head Clerk of the Bench Registry
will receive these appellations and after obtaining the initials
of the Assistant Registrar pass on the same to the Court Master
along with the case records wherever necessary
The Court Master should put up the applications to the Presiding
Member of the Bench through the Assistant Registrar immediately,
on receipt and the orders passed there on should be carried
out forthwith so that if any intimation is to be sent to the
parties, they should receive it in time
If however an application for adjournment is received only
on the working day before the date of hearing the Assistant
Registrar should ask the person bringing the adjournment application
to present the same before the Bench at the time of hearing.
If such applications are received by past the same should
be put up before the Presiding Member immediately and processed
further in accordance with the above para.
So far as the Bench Registries located at Madras, Calcutta
and Bombay are concerned applications for adjournment or advancing
of date will be received by the Head Clerk concerned and after
entering the same in the appropriate register they will be
put up before the Presiding Member through Assistant Registrar
Further action will be taken as detailed above
In case the request for adjournment is granted, and another
suitable date of hearing is fixed, the notice should be
issued in Form No. CEGAT-10 (Appendix-23) under Registered
Post Acknowledgment Due. If another date is not fixed
the adjournment being 'sine die' the intimation regarding
adjournment notice should be sent by ordinary post indicating
the date on which the case was last fixed for hearing.
Where the time available is short or where the parties
have sent reply-paid telegrams the party concerned may
be informed about the adjournment telegraphically.
If it is a local party with telephone facilities a message
may be given through the telephone followed by an official
letter. In such a case a note should be kept on the file
about the person to whom the telephonic message was passed
and the time.
In case the request for adjournment is refused the applicant
should be informed by letter vide Appendix 26.
If the request for adjournment/advancing date is made
by some representative of the appellant/respondent it
should invariably verified whether he has filed a letter
of authority or not, and a note to that effect should
be made in the case file.
case it has been decided by the competent authority to
advance the date of hearing of any case, e.g. any case
which has a bearing on a case or cases listed already
an intimation to the parties will be sent as in Appendix
23. Where time is short, the parties concerned may be
contacted telephonically if located in the same city or
telegraphically if located outside the place of hearing.
A note is also to be made in the order sheet/ file cover where
the case is adjourned/ advanced to a particular date or sine
die. In case the appeals/ reference applications are posted
to some other date at the instance of the Bench or due to
some extraordinary circumstances and if time for communication
is too short the parties located at outstations should be
informed telegraphically. Parties residing locally should
be informed by telephone directly or through their authorized
representatives. A note should be kept regarding the time
the telephonic message was given and the person who received