Provision For Seeking Adjournment Under Order XVII Rule 1 CPC Is Rule Of Procedure, Directory In Nature: Bombay High Court

Case: Ramesh and ors v Smt. Prakashkaur and ors
Coram: Justice Prithviraj K.Chavan
Case No.: 
Court Observation:
The Bombay High court regarded how Rules of procedure (in this case provision of seeking adjournments under Order XVII Rule 1 CPC) are indeed “handmaids of justice” and are meant to advance ends of justice and not to thwart or obstruct the same.
The Court said, petitioners themselves are responsible for protracting the trial of the suit for more than twelve years under one pretext or the other. In order to alleviate sufferings and hardships of the respondents and having considered the entire circumstances, the Court said exemplary costs need to be imposed upon the petitioners while accepting their prayer.

Provision For Seeking Adjournment Under Order XVII Rule 1 CPC Is Rule Of Procedure, Directory In Nature: Bombay High Court