How to File an Adjournment Application in Indian Courts
What you need to know
An adjournment application is a formal written request to a court or tribunal asking to postpone a scheduled hearing date to a later date. In India, such applications are governed by the Civil Procedure Code (CPC) for civil matters and the Code of Criminal Procedure (CrPC) / BNSS for criminal matters, and courts have discretion to grant or refuse them. Adjournments are not a matter of right — they must be supported by a genuine reason such as illness, absence of counsel, or an emergency. If not filed properly or on time, the court may proceed ex-parte (decide in your absence) or impose costs.
Your rights
You have the right to be heard and to seek time if there is a genuine, unavoidable reason for non-appearance
You can file an adjournment application through your advocate or in person if you are appearing as a party-in-person
The court must give you an opportunity to be heard before proceeding ex-parte against you
If adjournment is refused, you can immediately appeal to a higher court via a revision or urgent mention
What you should do now
Action firstIdentify the court and case details
- Note the case number, court name, judge designation, next hearing date, and both parties' names
- Confirm whether the matter is civil, criminal, or before a tribunal (e.g., consumer forum, labour court, RERA)
Draft the adjournment application
- Write a short formal application addressed to the court stating your reason (illness, travel, counsel unavailability, document preparation, etc.)
- Attach supporting documents if available (e.g., medical certificate, flight ticket, counsel's brief withdrawal letter)
- Mention the specific date you are requesting the matter to be adjourned to, if possible
File and serve the application
- File the application at the court's filing counter before the hearing time, or hand it to the Reader/Bench Clerk on the day of hearing
- Serve a copy on the opposite party or their advocate and obtain their acknowledgment or note their objection
Follow up and comply with any costs imposed
- If the court grants the adjournment, note the new date and ensure you appear punctually
- If the court imposes costs as a condition for adjournment, pay them promptly to avoid adverse orders
- If refused and the matter proceeds ex-parte, immediately consult your advocate about filing a restoration application or revision
Acts applicable
Code of Civil Procedure, 1908
centralOrder XVII — grants court power to adjourn hearings
Bharatiya Nagarik Suraksha Sanhita, 2023 (earlier CrPC 1973)
centralSection 309 — adjournment in criminal trials
Limitation Act, 1963
centralSection 5 — condonation of delay where sufficient cause shown