Section 97: Power to adjourn cases

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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 sub section (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 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.

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Section 97: Power to adjourn cases

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