16/04/2026
التوا کے حوالے سے جیف جسٹس آف پاکستان کا بہترین فیصلہ
C.P.L.A.245/2026
Abbas Ali Shah v. Misha Zeb Khan and others
Mr. Justice Yahya Afridi
02-04-2026
Legal Framework Governing Adjournments...............................
Under the Supreme Court Rules, 2025 (the “Supreme Court Rules”), two provisions in particular warrant attention for the purposes of the present matter: Order XX, Rule 2, and Order ###, Part A, Rule 3.These provisions respectively govern (i) the procedure for seeking adjournment, and (ii) the consequences where adjournment is sought without sufficient cause.. Order XX, Rule 2 of the Supreme Court Rules expressly provides that:
Adjournment of cases of all kinds for hearing shall only be granted on proper application filed by Advocate-on-Record except where it is sought by a party conducting his case in person.
Again, it must be remembered that the consequence of this wastage is ultimately borne by the public purse. It is neither theoretical nor capable of re-adjustment within the system. In fact, in the most practical terms, judicial time and institutional resources, once expended, are irretrievable, as they cannot be reclaimed or diverted to other pending matters already competing for space within a finite judicial calendar.
Moreover, unnecessary adjournments strike at the very heart of the access to justice. For litigants, particularly those of limited means, repeated adjournments translate into increased expense and, in effect, a denial of timely justice. This, in turn, erodes public confidence in the judicial system and runs contrary to the institutional efforts of this Court to ensure expeditious disposal of cases. It thus bears emphasis that the right to fair trial and due process under Article 10-A of the Constitution, as well as the larger constitutional (naeem)promise of effective judicial remedies, cannot coexist with a culture of routine adjournments sought merely for convenience.
Accordingly, the Bar is once again put on clear notice that adjournments sought without strict compliance with the legal framework and without demonstrable sufficient cause shall invite appropriate consequences, including imposition of compensatory costs in terms of the Supreme Court Rules.
