Civil Manual 495 — Section

Gujarat High Court Civil Manual (subordinate court practice), 1960

Statutory text

(i) When an adjournment is sought with a view to effect a compromise the Court should exercise its discretion with caution. An adjournment should not, as a rule, be granted unless the Court has reason to believe that there is every likelihood of a compromise being effected.

(ii) If an adjournment with a view to compromise is granted on a date fixed for evidence, the Court should take particular care to see that the witnesses in attendance are not discharged, but are dieted for the next hearing. This will avoid an unnecessary further adjournment for re-summoning the witnesses and will enable the parties to proceed with their evidence in case the parties fail to come to terms. Repeated adjournments to allow compromise should not be granted. It is preferable to grant adequate time for negotiations and make adjournment final. However further short adjournment may be given if the Court is satisfied that though the compromise has not been effected it is imminent.

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