APCRPCO Section 111 : Proceedings not to be adjourned sine die or struck off the file
Act
Summary
Section 111 of the Andhra Pradesh Civil Rules Of Practice And Circular Orders, 1990, mandates that no legal proceedings, including suits or appeals, should be adjourned sine die or struck off the file. If a specific hearing date is not set, the case must be scheduled for hearing one month later or on the next court day if the court is closed. An exception exists for partition suits with a preliminary decree, allowing adjournment sine die with conditions.
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Explanation using Example
Example 1: Adjournment of a Civil Suit
Introduction: In the city of Hyderabad, a civil suit is filed by Mr. Reddy against Mr. Sharma for breach of contract. The case is scheduled for a hearing, but due to unforeseen circumstances, Mr. Reddy's lawyer requests an adjournment.
Application: According to Section 111 of The Andhra Pradesh Civil Rules Of Practice And Circular Orders, 1990, no suit can be adjourned sine die or struck off the file. The court must set a specific date for the next hearing. If a date is not set, the case will automatically be scheduled for one month later.
Outcome: The court denies the request for an indefinite adjournment. Instead, it reschedules the hearing for a specific date two weeks later. This ensures the case remains active and progresses without unnecessary delays.
Conclusion: Compliance with this provision prevents indefinite delays in legal proceedings, ensuring timely justice. Non-compliance could lead to procedural complications and potential sanctions for the parties involved.
Example 2: Partition Suit with Preliminary Decree
Introduction: In Vijayawada, a family files a suit for partition of ancestral property. A preliminary decree is passed, allotting shares to each family member.
Application: The provision allows for adjournment sine die in partition suits where a preliminary decree has been pa...
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