Full physical source page · unreviewed extraction

The Code of Civil Procedure, 1908: page 141

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 141, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

Source: official India Code PDF · catalog record. Fetched 2026-10-19T23:06:46Z. SHA-256 393b8848fdfc476a21cc3abf4f0d3f510557e2dff6fc6914b1f379bea1730614.

Legal currency, territorial applicability and extraction fidelity are unverified. Catalog checksum/size differs from the delivered PDF; both identities are retained. Sections, state notes and footnotes share these physical pages. Compare the full original image.

Retained layout text

order, direct that any person or class of persons shall not be removed from the prison in which he or they
may be confined or detained, and thereupon, so long as the order remains in force, no order made under
rule 2, whether before or after the date of the order made by the State Government, shall have effect in
respect of such person or class of persons.
    (2) Before making an order under sub-rule (1), the State Government shall have regard to the
following matters, namely:—
         (a) the nature of the offence for which, or the grounds on which, the person or class of persons
    have been ordered to be confined or detained in prison;
         (b) the likelihood of the disturbance of public order if the person or class of persons is allowed to
    be removed from the prison; and
         (c) the public interest, generally.
    5. Officer in charge of prison to abstain from carrying out order in certain cases.—Where the
person in respect of whom an order is made under rule 2—
         (a) is certified by the medical officer attached to the prison as unfit to be removed from the prison
    by reason of sickness or infirmity; or
         (b) is under committal for trial or under remand pending trial or pending a preliminary
    investigation; or
         (c) is in custody for a period which would expire before the expiration of the time required for
    complying with the order and for taking him back to the prison in which he is confined or detained; or
                                                                          e
         (d) is a person to whom an order made by the State Government under rule 4 applies,
                                                                         od
    the officer in charge of the prison shall abstain from carrying out the Court’s order and shall send to
    the Court a statement of reasons for so abstaining.
                                                                    aC
    6. Prisoner to be brought to Court in custody.—In any other case, the officer in charge of the
prison shall, upon delivery of the Court’s order, cause the person named therein to be taken to the Court
                                                               di
so as to be present at the time mentioned in such order, and shall cause him to be kept in custody in or
near the Court until he has been examined or until the Court authorises him to be taken back to the prison
in which he is confined or detained.
                                                          In
    7. Power to issue commission for examination of witness in prison.—(1) Where it appears to the
Court that the evidence of a person confined or detained in a prison, whether within the State or elsewhere
in India, is material in a suit but the attendance of such person cannot be secured under the preceding
provisions of this Order, the Court may issue a commission for the examination of that person in the
prison in which he is confined or detained.
    (2) The provisions of Order XXVI shall, so far may be, apply in relation to the examination on commission of
such person in prison as they apply in relation to the examination on commission of any other person.]
                                                     ORDER XVII
                                                      Adjournment
    1. Court may grant time and adjourn hearing.—1[(1) The court may, if sufficient cause is shown,
at any stage of the suit, grant time to the parties or to any of them, and may from time to time adjourn the
hearing of the suit for reasons to be recorded in writing:
    Provided that no such adjournment shall be granted more than three time to a party during hearing of
the suit.]
     (2) Costs of adjournment.—In every such case the Court shall fix a day for the further hearing of the
suit, and 2[shall make such orders as to costs occasioned by the adjournment or such higher costs as the
court deems fit:]
     3
      [Provided that,—
         (a) when the hearing of the suit has commenced, it shall be continued from day-to-day until all
     the witnesses in attendance have been examined, unless the Court finds that, for the exceptional
     reasons to be recorded by it, the adjournment of the hearing beyond the following day is necessary,

1. Subs. by Act 46 of 1999, s. 26, for sub-rule (1) (w.e.f. 1-7-2002).
2. Subs. by s. 26, ibid., for certain words (w.e.f. 1-7-2002).
3. Subs. by Act 104 of 1976, s. 68, for the proviso (w.e.f. 1-2-1977).

                                                                141

Compare original page image