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A local court has imposed an Rs5,000 fine on Imran Khan after his lawyer sought an adjournment in the case, SAMAA TV reported.
The fine was imposed in a Rs10 billion defamation suit filed by Imran against Defence Minister Khawaja Asif.
During the hearing before Additional Sessions Judge Adnan Khan, Imran’s lawyer submitted a request to adjourn the case.
The lawyer contended that his client, the plaintiff, was busy visiting flood affected areas and that he cannot attend the hearing, Hence, the hearing should be adjourned.
The court, however, deemed the adjournment request frivolous. While the request was granted until September 24, a fine of Rs5,000 on Imran.
Under what law was the fine imposed?
The fine was imposed under the Cost of Litigation Act 2016.Under the law, if the court is satisfied that an adjournment is being sought for unavoidable reasons beyond the control of the party concerned, the court may grant it without imposing costs.
However, should the court find a tendency from one side to seek repeated adjournments on ‘frivolous grounds’, the court may grant the adjournment while imposing ‘adjournment costs’.
Moreover, suppose the court deems that during proceedings, any adjournment is made by any party on false pretexts or is vexatious to the knowledge of the party. The court shall award special costs to the opposite party in that case.
With the law amending the Code of Civil Procedure, 1908 (Act V of 1908) and the Code of Criminal Procedure, 1898 (V of 1898), the amendment for section 35-A proposed that if on the date fixed for hearing in any proceedings, a party to the proceedings or any other person, despite service of notice, fails to appear or comply with any order of the court or mandatory provisions of the code or any other law, seeks an adjournment for such purpose; the court shall for sufficient cause and reasons to be recorded, grant such adjournment on the condition that such party or person shall pay the party the cost of adjournment which shall not be less than Rs5,000 per adjournment.
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. I paid the 5,000
