The Supreme Court on Wednesday clarified that the mere filing or circulation of an adjournment slip did not automatically entitle a party to the postponement of a listed matter, emphasising that the power to grant or refuse an adjournment vested exclusively with the Court and was to be exercised in its judicial discretion.
The Bench of Justice Ahsanuddin Amanullah and Justice R Mahadevan observed that advocates are duty-bound to appear fully prepared to argue their cases unless the Court expressly grants an adjournment. The Bench underscored that an adjournment slip is only a request seeking deferment of proceedings and cannot be treated as an automatic ground for postponing a hearing.
The observations came after counsel for the petitioner submitted that the matter need not be taken up as the respondents had already circulated an adjournment slip seeking deferment of the hearing.
Rejecting the submission, Justice Amanullah clarified that the filing of an adjournment slip does not, by itself, postpone judicial proceedings. The Bench reiterated that the decision whether to adjourn a matter rests solely with the Court after considering the facts and circumstances of each case, and not with the parties or their counsel.
Addressing the Bar, Justice Amanullah reminded advocates that they cannot presume a matter stands adjourned merely because an adjournment request has been filed. The Court stressed that lawyers must remain prepared to advance arguments in every listed matter unless a judicial order granting an adjournment has been passed. The observations, the Bench indicated, were intended as a broader message to the legal fraternity.
When counsel for the petitioner subsequently sought another date for the hearing, the Bench initially indicated that the matter could be accommodated later the same day by placing it at the end of the day’s board. However, counsel requested that it be listed on another working day instead.
Responding to the request, Justice Amanullah remarked that the present day was itself a working day, reiterating the Court’s expectation that listed matters should ordinarily proceed on the scheduled date unless compelling circumstances justify their deferment.
Although the Bench eventually exercised its discretion to adjourn the matter and directed that it be listed for hearing next week, it reiterated that the grant of an adjournment is a matter of judicial discretion and not a vested right. The Court emphasised that advocates should not assume that filing or circulating an adjournment slip automatically results in the postponement of proceedings, as the authority to regulate the Court’s docket and adjourn hearings rests exclusively with the Bench.
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