LUTFULLAH VIRK vs MUHAMMAD ASLAM SHEIKH O — 2024 PLD 887 SUPREME-COURT

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LUTFULLAH VIRK VS MUHAMMAD ASLAM SHEIKH O. XVII, R. 1---adjournments---Discretion of the Court to grant time and adjourn hearing---Scope---adjournments cannot be used as a delaying tactic nor can they be demanded as a matter of right---In terms of Rule 1 of Order XVII of C.P.C., Court "may" grant time and adjourn, and that too if "sufficient cause is shown."---It is only logical that this sufficient cause may only be shown by way of an application in writing, meaning that any party to a suit or any other proceeding before a Court, can request an adjournment only if it satisfies the Court by way of submitting an application for adjournment in writing, along with evidence attached of the predicament or ailment that they are facing, for which an adjournment is the only solution---It is then up to the Court, whether to accept the adjournment application or to proceed with the matter at hand---If the Court is to accept the adjournment application then it must immediately decide on whether or not to impose costs to the party requesting an adjournment---Decision on costs is necessary for multiple reasons---Frivolous adjournments incur a significant cost, and are a gross misappropriation of the already limited Court funds and facilities; the cost of a court to be in session, the salaries of all parties involved and maintenance of the courtroom are just a few of the expenditures and facilities which are not being utilized every time there is an adjournment granted on dubious grounds---It is also an unjust and inexcusable charge on the litigant's pocket as many parties to the suit suffer great losses in the form of travel costs, opportunity costs, and daily wages---Furthermore, an unseen but deeply felt social and psychological cost is also borne by litigating parties---Once a decision on whether or not to impose costs for seeking an adjournment has been taken, the Court has to record the reasons for granting an adjournment and why or why not costs have imposed on a party which sought adjournment.

LUTFULLAH VIRK vs MUHAMMAD ASLAM SHEIKH O — 2024 PLD 887 SUPREME-COURT

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