Section 97
Power To Adjourn Cases
(1) If any party to a case, out of the several
cases filed in the several courts, makes a petition to the concerned
court, showing a reasonable reason that the adjudication of one case
cannot be, or ought not to be, made until any other case is
adjudicated, or that judgment of one case will have substantial effect
on the judgment of any other case or if it realizes that matter, on its
own initiative, in the course of proceedings, the court may, for the
reasons to be recorded, order that such case be adjourned.
(2) If any court passes an order to adjourn any case filed in
it pursuant to sub-section (1), the court shall adjourn all the
proceedings of the case, by giving written information thereof to the
parties to the case, and also give information thereof to the
concerned court in which another case is filed.
(3) Upon receipt of the information referred to in subsection
(2), the concerned court shall, upon adjudicating the related
case filed in it, give information thereof, accompanied by a copy of
the judgment, to the court adjourning the case within thirty days after
the date of judgment, and upon receipt of such information, the court
adjourning the case shall resume the proceedings of the case by
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giving a written notice thereof to the parties to the case and
appointing the date for appearance, and hear and adjudicate the case.
(4) Notwithstanding anything contained in sub-section (3),
if such parties are also parties to the case referred to in sub-section
(3), the court adjudging the case shall order them to appear in the
court adjourning the case not later than fifteen days.
(5) If two courts hold divergent views on which of the cases
filed in such courts should be adjourned, the courts shall send their
respective report to the appeal hearing court.
(6) In the circumstance referred to in sub-section (5), even a
party to the case may make petition to the concerned appeal hearing
court.
(7) If a report has been sent pursuant to sub-section (5) or a
petition is made by the party pursuant to sub-section (6), the court
shall act in accordance with the order of the appeal hearing court, in
relation to such case.
(8) If the court hearing appeal from the two courts holding
divergent views referred to in sub-section (5) is not the same, such
matter shall be submitted to the Supreme Court, and it shall be done
as per the order of the Supreme Court.
(9) If the court so deems necessary, it may give notice to
and hear the concerned parties before adjourning the case or passing
an order for adjournment pursuant to this Section.
cases filed in the several courts, makes a petition to the concerned
court, showing a reasonable reason that the adjudication of one case
cannot be, or ought not to be, made until any other case is
adjudicated, or that judgment of one case will have substantial effect
on the judgment of any other case or if it realizes that matter, on its
own initiative, in the course of proceedings, the court may, for the
reasons to be recorded, order that such case be adjourned.
(2) If any court passes an order to adjourn any case filed in
it pursuant to sub-section (1), the court shall adjourn all the
proceedings of the case, by giving written information thereof to the
parties to the case, and also give information thereof to the
concerned court in which another case is filed.
(3) Upon receipt of the information referred to in subsection
(2), the concerned court shall, upon adjudicating the related
case filed in it, give information thereof, accompanied by a copy of
the judgment, to the court adjourning the case within thirty days after
the date of judgment, and upon receipt of such information, the court
adjourning the case shall resume the proceedings of the case by
108
giving a written notice thereof to the parties to the case and
appointing the date for appearance, and hear and adjudicate the case.
(4) Notwithstanding anything contained in sub-section (3),
if such parties are also parties to the case referred to in sub-section
(3), the court adjudging the case shall order them to appear in the
court adjourning the case not later than fifteen days.
(5) If two courts hold divergent views on which of the cases
filed in such courts should be adjourned, the courts shall send their
respective report to the appeal hearing court.
(6) In the circumstance referred to in sub-section (5), even a
party to the case may make petition to the concerned appeal hearing
court.
(7) If a report has been sent pursuant to sub-section (5) or a
petition is made by the party pursuant to sub-section (6), the court
shall act in accordance with the order of the appeal hearing court, in
relation to such case.
(8) If the court hearing appeal from the two courts holding
divergent views referred to in sub-section (5) is not the same, such
matter shall be submitted to the Supreme Court, and it shall be done
as per the order of the Supreme Court.
(9) If the court so deems necessary, it may give notice to
and hear the concerned parties before adjourning the case or passing
an order for adjournment pursuant to this Section.