APCRPCO Section 109 : Notice of Adjournment

Act

Summary

Section 109 of the Andhra Pradesh Civil Rules Of Practice And Circular Orders, 1990, outlines the process for requesting an adjournment in civil suits. Parties must provide written notice to the opposing party or their advocate if they wish to apply for an adjournment or advancement of a hearing. Applications should be submitted as the court convenes, with orders issued during call work.

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Explanation using Example

Example 1: Requesting an Adjournment

Introduction: Ravi, a plaintiff in a civil suit in Andhra Pradesh, realizes he needs more time to gather evidence before the upcoming court hearing scheduled for next week.

Application: According to Section 109(a) of the Andhra Pradesh Civil Rules Of Practice And Circular Orders, 1990, Ravi must give written notice to the defendant or their advocate about his intention to apply for an adjournment before the hearing date. Ravi sends a written notice to the defendant’s advocate three days before the hearing.

Outcome: On the day of the hearing, Ravi submits his application for adjournment as soon as the court sits, as required by Section 109(d). The court considers the application during the call work and grants the adjournment, allowing Ravi more time to prepare.

Conclusion: By following the procedural requirements, Ravi successfully obtains an adjournment, demonstrating the importance of timely and proper notification.

Example 2: Opposing an Adjournment

Introduction: Priya, a defendant in a civil case, receives a notice from the plaintiff's advocate requesting an adjournment of the hearing scheduled for the following week.

Application: Under Section 109(c), Priya has the right to respond to the notice by indica...

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