Courtesy of pass over/adjournment

 The courtesy of pass over or adjournment granted to counsel in Indian courts is a discretionary accommodation, not an absolute right. Misinterpreting this courtesy as a right undermines judicial efficiency and can cause delays and injustice in proceedings.livelaw+2​

Role of Passover and Adjournment

Passovers and adjournments are provided to counsel to address scheduling clashes or genuine exigencies. Courts may extend these courtesies to ensure fair representation, but they expect counsel to manage their diaries responsibly and avoid unnecessary delays for the opposing party. The absence of clear legislation controlling this tendency has made pass over and adjournments susceptible to misuse.timesofindia.indiatimes+2​

Judicial Perspective and Cautions

Recently, the Delhi High Court clarified that these accommodations are not matters of right but privilege, subject to judicial discretion. Abuse by seeking repeated adjournments or producing false reasons for passover is frowned upon, and can lead to adverse costs and closure of rights such as cross-examination. The judiciary actively discourages forming a culture of “adjournment counsels” who routinely delay proceedings and avoid substantive arguments.latestlaws+3​

Practice and Procedure

Courts like the Supreme Court require applications for adjournment to be made in advance with valid grounds, and proof of service to opposing counsel. Excuses such as counsel’s unavailability or medical emergencies must be substantiated, and repeated requests without merit often attract penalties or refusal. Judges encourage junior lawyers to argue when present, reinforcing that legal representation is about substantive engagement, not merely seeking procedural delays.linkedin+4​

Implications of Misuse

The misuse of pass over and adjournment leads to delayed justice, unnecessary prolongation of litigation, and sometimes unfair advantages for one party. Courts observe these tactics and may limit or completely withdraw the privilege, emphasizing that the judicial process should not be subordinated to the convenience of counsel.linkedin+3​

Conclusion

Passover and adjournment are judicial courtesies designed to facilitate justice, not tools for indefinite procrastination. Lawyers need to respect the boundaries of these privileges, prioritize preparation, and avoid misconstruing them as entitlements under Indian legal practice.livelaw+3

​

1. https://www.livelaw.in/high-court/delhi-high-court/courtesy-of-passover-adjournment-to-counsel-should-not-be-miscounstrued-as-their-right-delhi-high-court-310249
2. https://timesofindia.indiatimes.com/readersblog/ajayamitabhsumanspeaks/pass-over-and-adjournment-judicial-way-to-commit-injustice-45276/
3. https://www.linkedin.com/posts/nishant-verma-7b3770126_passover-adjournment-activity-7110986348114698240-tgLN
4. https://www.latestlaws.com/case-analysis/courtesy-of-pass-overs-is-not-a-right-litigants-cannot-misuse-adjournments-231343/
5. https://www.livelaw.in/top-stories/supreme-court-judge-bv-nagarathna-adjournment-pass-over-counsel-236646
6. https://lawrato.com/civil-legal-advice/how-to-avoid-regular-passovers-taken-by-the-opposite-party-245496
7. https://www.linkedin.com/posts/amish-aggarwala-45978246_highcourt-supremecourt-law-activity-7197430697555320832-Wr92
8. https://www.ebc-india.com/lawyer/articles/2005_2_41.htm
9. https://www.cs.cmu.edu/~roni/11761/2017_fall_assignments/hw3_stats_google_1gram.txt
10. https://www.youtube.com/watch?v=SuqvXn6bOeo
11. https://www.scribd.com/document/536008492/texto-41
12. https://www.facebook.com/allindiareporter/posts/senior-advocate-harish-salve-has-informed-the-supreme-court-that-a-request-seeki/1040034404833415/
13. https://www.instagram.com/reel/C7A6v-bK5Vl/?hl=en