The Most Filed, Least Respected Application in Court
An Application for Adjournment is filed when a matter cannot proceed on the scheduled date usually because counsel, a party, or a witness is unavailable for a valid reason. It asks the court for a short deferment so the case can be properly represented and fairly heard.
Adjournment is not a right; it’s the court’s discretion, granted only when sufficient cause is shown and the request looks bona fide. A properly drafted application for adjournment format in Pakistan respects the court’s time while still protecting the party’s right to be heard.
What Is an Application for Adjournment
An adjournment postpones a scheduled hearing to a later date. It’s not automatic the court grants it only for a sufficient or reasonable cause, such as illness, a missing witness, or a pending related application. Civil and criminal courts both recognize this discretion, but each applies it under a different provision, covered below.
Legal Provision Behind the Application for Adjournment Format in Pakistan
- Civil Proceedings: Order XVII, Rule 1 of the Code of Civil Procedure, 1908, the Court may, if sufficient cause is shown, grant time or adjourn the hearing of the suit for reasons to be recorded in writing, and may pass such order as to costs occasioned by the adjournment as it deems fit.
- Criminal Proceedings: Section 344 of the Code of Criminal Procedure, 1898, the Court/Magistrate may, for reasons to be recorded, postpone or adjourn proceedings on such terms as it thinks fit, including on payment of costs of the adjournment; however, costs are generally not awarded for an adjournment sought in appeal or revision.
A few practical points follow from both provisions:
- The court must record its reason for granting or refusing the adjournment in writing.
- The discretion is meant to be exercised judicially, not as a rubber stamp.
- Courts increasingly discourage repeated or unexplained requests.
- Costs are commonly imposed on the party seeking the adjournment, especially where the delay was avoidable.
Grounds Commonly Considered Valid for Seeking an Adjournment
- Sudden illness of the counsel, party, or a material witness
- Death in the family of the counsel or the party
- Non-service or defective service of notice/summons on the opposite party
- Pendency of a connected application (e.g., an application for change of counsel, or an interim application awaiting orders)
- Genuine unavailability of the record or a document required for the hearing
- Any circumstance beyond the control of the party, such as a natural calamity or a strike affecting court proceedings
Grounds such as mere non-preparedness of counsel, or counsel being engaged in another court without prior intimation, are generally viewed unfavourably and are less likely to be accepted as sufficient cause.
Who Can File an Application for Adjournment
- The plaintiff, defendant, or their counsel in a civil suit
- The accused, complainant, or their counsel in a criminal case
- The Public Prosecutor, in criminal matters, on behalf of the State
- Any party or authorized representative appearing before the court on the date fixed for hearing
Step-by-Step Procedure to File an Application for Adjournment
- Identify the exact reason for seeking adjournment and ensure it qualifies as sufficient or reasonable cause under Order XVII Rule 1 CPC or Section 344 CrPC, as applicable.
- Draft the application, mentioning the case number, parties, the date fixed, and a clear, specific reason for the request vague or generic language weakens the application.
- File the application on or before the hearing date, either through the filing counter or directly before the court on the date fixed, along with any supporting document (e.g., a medical certificate, if illness is the ground).
- Court hears the request: the presiding officer may allow, partly allow, or reject the request, and may impose costs as a condition for granting the adjournment.
- Note the next date of hearing, fixed by the court and ensure compliance, since courts are less inclined to grant further adjournments on the same or similar ground.
1) Application for Adjournment Format in Pakistan (Civil)
The format of the application for adjournment in a civil matter is given below:
IN THE COURT OF _____________ SENIOR CIVIL JUDGE
AT KARACHI DISTRICT ______________
CIVIL SUIT NO: ______ OF 20______
ABC —————————————————————— Plaintiff
V E R S U S
XYZ —————————————————————— Defendant
APPLICATION FOR ADJOURNMENT
It is most respectfully prayed on behalf of Plaintiff or Defendant (in which party name is mentioned according to the side you are representing, whether Plaintiff or Defendant) above named that this Honourable Court may kindly be pleased to adjourn the matter which is fixed today, for the reason that _________________________________________________________________________________________________________ due to which the instant matter is unable to proceed today for about valid reason. Therefore, it is most respectfully prayed that you kindly request to adjourn the instant matter to some other date of hearing in the larger interest of justice.
Prayed Accordingly
KARACHI
DATED: _____________
ADVOCATE FOR PLAINTIFF OR DEFENDANT
2) Application for Adjournment Format in Pakistan (Criminal)
The format of the application for adjournment in a criminal matter is given below:
IN THE COURT OF _____________ (MAGISTRATE/SESSIONS JUDGE)
AT KARACHI DISTRICT ______________
CRIMINAL CASE NO: ______ OF 20______
FIR No. _______ dated _______, Police Station _______
State ————————————————————— Complainant/State
V E R S U S
________ (Accused) —————————————— Accused/Applicant
APPLICATION FOR ADJOURNMENT
It is most respectfully prayed on behalf of the accused/complainant above named that this Honourable Court may kindly be pleased to adjourn the instant matter fixed for hearing today, for the reason that _________________________________________________________________________________________________________, due to which the applicant/counsel is unable to proceed with the matter today. It is, therefore, most respectfully prayed that this Honourable Court may adjourn the matter to some other convenient date, in the interest of justice.
Prayed Accordingly
KARACHI
DATED: _____________
ADVOCATE FOR THE APPLICANT
Practical Tips for Advocates and Law Students
- Be specific, not generic. “Due to personal reasons” is far weaker than stating the actual ground, courts and even opposing counsel are more receptive to a clearly stated, verifiable reason.
- Attach supporting proof where possible: a medical certificate for illness, or a copy of an application filed in another court for a genuine engagement conflict, this reduces the chance of the request being viewed as a delaying tactic.
- File early where possible, rather than waiting until the case is called an adjournment request made in advance (even a day before) is generally viewed more favourably than one made at the last moment in open court.
- Be prepared for costs. Since both Order XVII Rule 1 CPC and Section 344 CrPC allow the court to impose costs as a condition of adjournment, advise your client in advance that a nominal cost may be ordered, especially on a repeated request.
- Track the number of adjournments already taken ,in the matter, courts are far less sympathetic to a third or fourth request on similar or unexplained grounds, and repeated adjournment-seeking can also raise professional conduct concerns.
- For law students: this application is a good example of how the same procedural concept (postponement of hearing) is treated differently in civil and criminal drafting, compare the cause title, the invoked provision, and the tone of the prayer clause in both formats above.
Where This Gets Genuinely Misused
- A party who files adjournment after adjournment with only slightly reworded reasons each time, purely to delay a case that is going badly for them on the merits.
- Counsel who accepts a brief close to the hearing date and then seeks adjournment citing lack of preparation time, when the real issue is the client’s own delay in engaging counsel.
- A party who uses adjournment requests specifically to exhaust the opposing side’s patience, resources, and witnesses’ availability, rather than for any genuine need.
Common Mistakes to Avoid
- Using vague language such as “for certain reasons” instead of stating an actual, specific ground
- Filing the application without any supporting document when one is reasonably available
- Seeking repeated adjournments on the same ground without informing the client that costs may follow
- Citing “counsel engaged in another court” as the sole ground, which courts generally do not treat as sufficient cause
- Failing to note or comply with the next date fixed by the court after the adjournment is granted
What to Do If the Court Refuses Your Adjournment Application
This is the situation most advocates actually search for, since a refusal can leave counsel unprepared to proceed on the spot. A few practical options when the request is declined:
- Request a short accommodation instead of a full adjournment: ask the court for a brief time within the same day (e.g., a few hours, or the next cause list) rather than a fresh date, which courts are often more willing to grant than a complete postponement.
- Proceed with whatever is possible on record: if the ground was witness unavailability, the court may still allow examination of witnesses who are present, keeping the remaining evidence for the next date, so the hearing is not entirely lost.
- Seek instructions from the client immediately: where an adjournment is refused and counsel is genuinely unable to proceed, informing the client and, if unavoidable, requesting permission to argue in a limited capacity is better than an unprepared appearance.
- Challenge an unreasonable refusal through the proper forum: in rare cases where refusal of adjournment causes real prejudice (e.g., a party is condemned unheard), this can be raised as a ground in appeal or revision against the final order, though it is rarely a stand-alone remedy at the interlocutory stage.
- Document the refusal and reason on record: note the court’s stated reason for refusal in your file; this becomes relevant if the point is later argued in appeal.
Frequently Ask Questions
Q1. Is an adjournment a right of the party or a discretion of the court?
It is a matter of judicial discretion. The court grants an adjournment only where sufficient or reasonable cause is shown, under Order XVII Rule 1 CPC in civil matters and Section 344 CrPC in criminal matters.
Q2. Can the court impose costs for granting an adjournment?
Yes. Both provisions allow the court to impose costs as a condition of adjournment, particularly where the request could have been avoided with reasonable diligence. Under Section 344 CrPC, however, costs are generally not awarded for adjournments sought in appeal or revision proceedings.
Q3. What are valid grounds for seeking an adjournment?
Common valid grounds include sudden illness of counsel, a party, or a witness; death in the family; defective service of notice; pendency of a connected application; or any circumstance beyond the party’s control.
Q4. Can an adjournment be refused by the court?
Yes. If the court is not satisfied that sufficient or reasonable cause exists, or if the request appears to be a delaying tactic, the adjournment can be refused and the matter proceeded with on the same date.
Q5. Is there a limit on how many times a party can seek adjournment?
There is no fixed numerical cap under the unamended Order XVII Rule 1 CPC or Section 344 CrPC as applied in Pakistan; however, courts exercise discretion against repeated or unexplained adjournment requests, and habitual adjournment-seeking can also attract professional scrutiny.
Q6. Is the adjournment format different for civil and criminal matters?
The underlying purpose is the same, but the cause title, the provision invoked, and the language differ, civil applications cite Order XVII Rule 1 CPC with a Plaintiff/Defendant cause title, while criminal applications cite Section 344 CrPC with a State/Accused cause title and FIR details.
Q7. What is the difference between an adjournment and a status quo extension?
An adjournment postpones the hearing date itself, while a status quo extension continues an existing protective order over property or a right. The two are often needed together but serve different purposes.
Final Thoughts
An adjournment application may seem like a routine formality, but a vague or poorly justified request can cost a client both time and money once the court starts imposing costs, and repeated weak requests can affect how a court views counsel over the life of a case. Have you had a request for adjournment refused despite a genuine reason, and what ground did the court find insufficient?
Disclaimer
The format and information provided above are for educational and reference purposes only. They are intended to offer general guidance on legal drafting and procedure and should not be treated as legal advice. Each case depends on its own specific facts, applicable law, and court practice; therefore, users are advised to modify the format according to their particular circumstances and seek professional legal advice as necessary.
Have any questions about drafting or filing your adjournment application, or about a specific situation you’re dealing with? Feel free to drop them in the comments below — we’ll be happy to help.