1. Civil Procedure Code, 1908 (V of 1908) Order 17, Rule 1, Proviso - Adjournments not beyond three times is salutary so long as the parties would stick to the schedule - It is not a mandate that will take away the power of the court to grant more than three adjournments and if he does, no person can assume that the court was acting beyond jurisdiction - The provision is purely directory and an exhortation that unnecessary adjournments shall not be taken in court - The only way that any discipline can be enforced is by imposition of costs to cause reparation for the inconvenience caused to the party who comes to the court being ready but the other side takes times indefinitely - The court cannot merely close the evidence because three opportunities have been exhausted. (179) P.L.R.
  2. Civil Procedure Code, 1908 (V of 1908) Order 17, Rule 3 - Suit dismissed on merits either after the production of evidence or in terms of Order XVII Rule 3 CPC, is a binding decision between the parties particularly the petitioner. (179) P.L.R.
  3. Civil Procedure Code, 1908 (V of 1908) Order 17 Rule 1(2)(c) - Adjournment of case - That counsel for the appellant is busy in two regular DBs - Is hardly a ground for adjournment - It was for the appellant to make arrangements for arguments of the appeal, as it was made clear on the last date that the case will be shown in the Urgent List - Prayer declined - It is not for the Court itself to find out what the points for determination can be and then proceed to give a decision on those points - Counsel for the party is not able to render any assistance, the Court may decline to entertain the petition. (173) P.L.R.