Order XXXIII - Adjournments in Supreme Court Original Suits
Order XXXIII of the Supreme Court Rules, 2013 governs adjournments in original suits instituted before the Supreme Court of India. Rather than prescribing a separate timetable, it applies Order XVII of the First Schedule to the Code of Civil Procedure, 1908 (CPC), with an express modification to the wording of Rule 2.
Order XXXIII - Adjournments: provision
In suits instituted before the Court, Order XVII in the First Schedule to the Code with respect to adjournments shall, apply, with the substitution in rule 2 of the words 'in such manner as it thinks just' for the words 'in one of the modes directed in that behalf by Order IX or make such other order as it thinks fit'.
This provision concerns original suits before the Supreme Court. It does not by itself prescribe the procedure for every appeal, special leave petition, or other proceeding.
Meaning and scope of adjournment
An adjournment is the postponement of a hearing or another procedural step to a later date by order of the Court. Under Order XXXIII, the starting point is Order XVII CPC, subject to the specific substitution in Rule 2. The Court retains judicial control over whether sufficient grounds exist and what consequential directions are just.
Order XVII CPC - rules explained
Rule 1 - Grant of time and adjournment
Order XVII Rule 1 permits the Court, on sufficient cause shown, to grant time and adjourn the hearing, subject to the statutory conditions. Reasons must be recorded; the CPC ordinarily limits adjournments granted to a party during the hearing to three, and its provisos discourage adjournments merely for convenience. Costs occasioned by adjournment may be ordered. The statutory qualifications and the Court's control over its own proceedings must be considered in the circumstances of each case.
Rule 2 - Procedure when parties fail to appear
Ordinarily, Order XVII Rule 2 addresses the Court's options when a party fails to appear on an adjourned hearing date. Order XXXIII expressly substitutes the phrase 'in such manner as it thinks just' for the CPC phrase 'in one of the modes directed in that behalf by Order IX or make such other order as it thinks fit'. Consequently, in Supreme Court original suits, the substituted wording governs the manner in which the Court may proceed under Rule 2. It should not be described as an unmodified application of Order IX CPC.
Rule 3 - Default in producing evidence or performing required acts
Order XVII Rule 3 deals with the consequences where a party granted time fails to produce evidence, secure attendance of witnesses, or perform another act necessary for progress of the suit. The Court's response depends on the applicable conditions, including attendance of parties, and must be read with Rule 2 and relevant procedural safeguards.
Practical considerations in Supreme Court original suits
- Identify the specific hearing date and explain the reason why an adjournment is necessary.
- Support the request with relevant facts and documents where appropriate; adjournment is discretionary, not automatic.
- Consider the effect on witnesses, evidence, opposing parties, costs and timely disposal.
- Follow the Bench's directions and any applicable current Registry instructions. Administrative circulars about circulation of adjournment letters may have a distinct scope and do not replace Order XXXIII.
Official legal sources
The Supreme Court publishes the Supreme Court Rules, 2013 and subsequent amendment notifications. For updated administrative directions, consult the Supreme Court notices and circulars. The India Code portal provides access to the Code of Civil Procedure, 1908, including Order XVII of its First Schedule.
Frequently asked questions
Does Order XXXIII create a separate adjournment procedure?
No. It incorporates Order XVII CPC for original suits, but expressly changes part of the wording of Rule 2.
Can an adjournment be claimed as a matter of right?
No. The Court assesses the grounds and applies the relevant procedural requirements and its judicial discretion.
Does this Order apply to all Supreme Court proceedings?
Its text specifically refers to suits instituted before the Court. Other proceedings may be governed by different rules, orders or directions.