In short. An adjournment in tribunal cases is granted for sufficient cause under Rule 19 of the CAT (Procedure) Rules, and the bench may order the party seeking it to pay costs. There is no fixed number allowed. Two or three adjournments for one side are commonly tolerated, after which benches mark a last chance, impose costs or refuse. Many dates also go by simply because the case is not reached. If your case keeps getting adjourned, check who sought each adjournment, keep the order sheets, and ask for costs or a fixed date at the next listing.
Is this your situation?
- Your OA has been listed eight or ten times and has not been heard even once.
- The government counsel asks for time at almost every date and the bench keeps granting it.
- You need an adjournment yourself, because of illness, a change of counsel or a family emergency, and worry about costs.
- The order sheet says 'last chance' or 'no further adjournment' and you want to know what that binds.
- Your case was not reached for months because the board was too long.
- You missed a date without asking for time and want to know what happens now.
In short
- No fixed quota. The CAT (Procedure) Rules let the bench adjourn for sufficient cause; they do not set a maximum number.
- Costs are the main brake. Rule 19 allows the bench to order the party seeking time to pay the costs caused by the adjournment.
- The bench can say no. Rule 14(3) expressly lets the tribunal decline an adjournment and limit time for oral arguments.
- Not every lost date is an adjournment. Cases often go unheard because the board is long or the bench is not sitting; nobody pays costs for that.
- Never simply stay away. An unexplained absence on a hearing date can lead to dismissal for default under Rule 15, which then needs a restoration application within 30 days.
Adjournment in tribunal cases: how many are allowed?
There is no number written into the rules. Rule 19 of the CAT (Procedure) Rules, 1987 lets the tribunal, at any stage, grant time to a party and adjourn the hearing if sufficient cause is shown, and make whatever order it thinks fit about costs. Rule 14(2) adds that every application should be decided, as far as possible, within six months, and Rule 14(3) gives the tribunal power to decline an adjournment. Those three provisions together describe the bench's discretion: it can adjourn, it should be reluctant to, and it can refuse.
People sometimes quote the civil court rule that a party gets no more than three adjournments. That comes from the proviso to Order XVII Rule 1 of the Code of Civil Procedure. Section 22 of the Administrative Tribunals Act frees CAT from the strict application of the Code, so the three-adjournment limit does not bind it as such. Benches do, however, treat it as a sensible guide, and the pattern in practice is similar.
In most benches, a party asking for time for the first or second time with a plausible reason will get it. By the third request, the bench starts asking questions, and the order may say 'last chance' or 'as a last opportunity'. After that, the bench either refuses, proceeds with the hearing in that party's absence, or grants time only on heavy costs.
The real number therefore depends on the reason, the stage of the case, who is asking, and how much patience that particular bench has on that particular day. For how the tribunal process runs from filing to final order, see our CAT lawyer page on tribunal cases.
Common reasons for an adjournment request and how benches usually react
| Reason given | Usual reaction | What helps |
|---|---|---|
| Counsel unwell or bereaved | Granted readily, usually without costs | A short note or proxy counsel mentioning it at the start of the session |
| Counsel arguing in the High Court or Supreme Court at the same time | Often accommodated once or twice; passover is more likely than a new date | Mentioning early and asking for the matter to be taken up later in the day |
| New counsel just engaged | Granted once, sometimes with a short date | The fresh vakalatnama already on record |
| Department awaiting instructions or records | Granted at first, then on costs, then refused | An affidavit from a named officer explaining what is pending |
| Department considering the applicant's representation | Sometimes granted, if it may end the dispute | A firm date by which the decision will be taken |
| Party's own illness where personal presence is needed | Granted with a medical certificate | A certificate from a government hospital or a registered doctor, with dates |
| Counsel not prepared | Refused, or granted on costs | Avoid this; it is the reason benches like least |
| Lawyers' strike or abstention | Increasingly refused; the bench may hear the party in person or adjourn without costs | Asking the bench to record that you were present and ready |
Adjournments sought by a party versus dates lost to the board
Before worrying about who is delaying your case, read the order sheets carefully. Many entries that feel like adjournments are not. 'Not reached', 'Bench not available', 'Due to paucity of time', 'List on...' with no request recorded: these mean the bench did not get to your case. No party asked for time, and nobody can be made to pay costs for it.
Long boards are a real problem at several benches, especially those with vacancies among Members. A case listed at item 64 on a day when the bench takes up 30 matters will simply roll over. The CAT Rules of Practice provide that when a bench does not sit, its cause list carries forward to the next working day, and when a sitting is cancelled, the Registrar gives a fresh date. Your counsel cannot do much about this except mention the case for an early date if there is real urgency.
Adjournments by a party look different on the order sheet: 'Learned counsel for the respondents seeks time', 'At the request of the applicant', 'Adjourned on the request of counsel for the applicant, who is unwell'. These are the entries to count when you are deciding whether to press for costs or a last chance.
Splitting the order sheet into these two categories, in a simple table, is often the most useful thing a worried applicant can do. It shows your counsel and, if needed, the bench exactly where the delay lies.
Adjournment costs: what they look like in practice
Adjournment costs are a sum of money the bench orders one party to pay because its request for time wasted a hearing date. Rule 19 is the source of the power, and the CAT Rules of Practice provide for a bill of costs to be annexed to the order where costs are quantified. There is no fixed scale for adjournment costs. Amounts vary from a few hundred rupees to several thousand, depending on the bench, the number of earlier adjournments and how weak the reason is.
The Supreme Court in Salem Advocate Bar Association v. Union of India (2005) urged courts to award realistic costs for adjournments in civil cases, rather than token amounts that encourage delay. Benches of the tribunal draw on that thinking, especially against a department that has sought time repeatedly.
The order will say who receives the costs. Sometimes it is the opposite party, sometimes a legal aid fund, a bar library or another welfare fund. Against a department, some benches direct that costs be recovered from the officer responsible for the delay. Often the costs are a condition: the party will be heard, or its reply taken on record, only after they are paid.
If you are the one seeking time, expect costs only if you have already had adjournments or your reason is weak. A first request on genuine medical grounds rarely attracts costs. For the separate question of costs at the end of the case, see our guide on when the department is asked to pay costs.
Making an adjournment request the right way
When you or your counsel genuinely need time, the way the request is made matters as much as the reason.
Ask as early as possible
If you know a week ahead that counsel will be in another court, tell the other side and ask whether they will agree to a short date. Benches look kindly on a request that does not ambush anyone.
Inform the bench at the start of the session
The CAT Rules of Practice say adjournment requests in listed cases are generally heard at the start of the session. A proxy counsel mentioning the matter at 10.30 is far better than nobody appearing at 1 pm.
Give the real reason, with proof where you can
A medical certificate, a cause list showing counsel's matter in the High Court, or a letter about a death in the family. Vague requests for 'some time' invite refusal.
Propose a specific short date
Ask for a date two or three weeks away, not 'any date'. It shows you are not trying to delay.
Offer to pay costs if you have had time before
If this is your second or third request, saying so frankly and offering costs often persuades a bench to grant one more date.
Check the next date and the order sheet the same day
Download or obtain the order so you know the date, any costs, and whether a 'last chance' has been recorded against you.
When the other side keeps seeking time
In most service cases, the repeated adjournment comes from the department, not the employee. The usual reasons are the reply not being ready, instructions not received, the standing counsel changed, or the file with another office. Our guide on the department not filing its reply deals with the reply stage in detail.
Your response should grow firmer with each date. On the first request, accept it and ask for a fixed date. On the second, ask the bench to record that time has been given twice. On the third, ask for costs and a last chance order. After that, ask the bench to proceed with the hearing or to close the department's right to file whatever it keeps promising.
You can also ask for something more targeted than costs: a direction that a named officer file an affidavit explaining the delay, or that the original record be produced on the next date. Benches use these when costs have not worked, because they bring the delay to the attention of someone senior.
One situation needs care. Sometimes the department asks for time saying it is reconsidering your representation, or that a proposal to grant your claim is with the finance wing. That can be genuine, and a favourable decision would end the case faster than any hearing. Agree to one such adjournment, but ask the bench to record the department's statement and to fix a date by which the decision must be placed on record. If nothing arrives by then, you have a clear basis to ask for the hearing to proceed.
Do not lose your temper in court. A calm request with a counted list of earlier adjournments is far more persuasive than complaint.
What 'last chance' and 'no further adjournment' mean for you
A last chance order is a warning that the next request for time will probably be refused. It is not an absolute bar. If something unforeseeable happens, such as counsel being hospitalised, a bench may still grant time, usually on costs. But the burden on the party asking becomes much heavier.
If the last chance is against you, treat the next date as fixed. Arrange proxy counsel in advance, keep your papers ready, and do not plan travel or surgery that week if you can avoid it. If you cannot attend for a genuine reason, get the medical certificate or other proof before the date, not after.
If the last chance is against the department, prepare to argue on the next date. Benches sometimes hear the case the same day once a last chance has been missed, and an applicant who is not ready wastes the advantage. A two-page note of arguments, as explained in our guide on condensing a service case into two pages, is worth having in your counsel's file from that point on.
Missing a date without asking for time
This is where adjournment problems become serious. If neither you nor your counsel appears when the case is called, Rule 15 of the CAT (Procedure) Rules allows the bench to dismiss the OA for default, or to decide it on merits on the papers. If the department fails to appear, Rule 16 allows the bench to hear and decide the case in its absence.
A dismissal for default is not the end. You can apply within 30 days for restoration, showing sufficient cause for the absence, and benches restore readily where the absence is explained. Our guide on restoring an OA dismissed for non-appearance walks through the steps. Missing that 30-day window is the real danger.
Most dismissals for default happen because of a mix-up: a changed counsel who did not track the date, a party in person who misread the cause list, or a matter listed at an unexpected time. If you are a party in person, check the cause list the evening before every listed date, and ask the registry if you are unsure how your bench publishes it. In virtual hearings, a dropped connection or a link that never opened is a newer cause of absence. If that happens, write to the registry or ask counsel to mention the matter the same day, and keep a screenshot of the error; a prompt explanation usually avoids a default order or gets it recalled.
Advocate B.K. Singh's two tips on adjournments
The first tip from Advocate B.K. Singh is to keep a running adjournment log for every case. It is a single page: date, what happened, who asked for time, any costs, and the next date. When the department seeks time for the fourth time, he can tell the bench in one sentence that the respondents have taken time on three earlier dates, giving the dates. Benches respond to that kind of precision. Without the log, the request for costs or a last chance sounds like a complaint.
The second tip is about the employee's own requests. Advocate B.K. Singh advises clients never to seek an adjournment merely because they want to be present for the hearing, unless the bench has asked for them personally. Counsel can argue the case without the client in the room. Seeking time for personal presence, especially more than once, uses up the bench's patience that you may need later for a genuine emergency.
Who is hurt most by repeated adjournments
For retirees, every adjournment is a month of withheld pension, gratuity or arrears. Elderly family pensioners, often widows in their seventies, may simply not live to see the outcome if a case drifts. Benches do give priority to senior citizens and pension cases when asked, so an application for early hearing with proof of age is worth filing.
For suspended employees on subsistence allowance, and for removed or dismissed employees with no income at all, delay compounds hardship. For candidates challenging a selection, adjournments can let the panel lapse or the posts be filled, making relief harder. In each of these cases, say so to the bench in writing and ask for a short date or an interim order.
Group C staff posted far from the bench, such as a postal assistant in a district town or a railway trackman at a remote station, bear the cost of travel and lost leave for every wasted date. If counsel is handling the case, ask whether you need to travel at all. Virtual appearance is now available at many benches; our guide on joining a virtual hearing before a CAT bench explains how it works.
Bench practice: passovers, mentioning and the board
Each bench of the tribunal runs its board a little differently. The Principal Bench in New Delhi and the larger benches such as Mumbai, Kolkata, Chennai, Allahabad and Chandigarh carry long lists, and a case may be listed many times before it is reached. Smaller benches such as Cuttack, Guwahati or Jodhpur may reach cases more quickly but sit fewer days, or travel for circuit sittings.
A 'passover' is a request to take the matter up later the same day, usually because counsel is in another court. It is far less disruptive than an adjournment, and benches grant it more readily. Ask for a passover before asking for a fresh date.
If your case is urgent and keeps falling off the board, counsel can mention it for an early or fixed date. Our guide on urgent mentioning before the tribunal covers when that works. As reported, a CAT circular of 21 October 2026 introduced online mentioning and other uniform practices across benches; check with your bench registry how it is being applied.
Your case stays at the bench where it was filed under Rule 6, based on your posting, the place where the cause of action arose, or, for retirees, where you live. If you have moved and attending has become very hard, a transfer to another bench under Section 25 may be possible, though that is a separate application.
A made-up example: a retired store keeper in Guwahati and fourteen listings
Here's a made-up example. Bijoy, a Group C store keeper who retired from a defence depot near Guwahati, filed an OA before the Guwahati Bench because his gratuity of about Rs 9 lakh had been withheld for two years over a stores shortage that was never formally charged. His case was listed fourteen times in eighteen months.
His son, worried that the case was going nowhere, sat down with the order sheets and made a table. Six listings were 'not reached'. One was a day the bench did not sit. Two were adjournments sought by Bijoy's own counsel, one for illness and one when counsel was in the Gauhati High Court. Five were adjournments sought by the department, all for 'instructions'.
At the next listing, Bijoy's counsel placed the table before the bench and filed an application for early hearing, attaching Bijoy's retirement order and proof that he was 64 and had a medical condition. The bench recorded that the respondents had taken time on five occasions, granted a last chance with costs of Rs 5,000 payable to Bijoy, and fixed a date four weeks later 'for final hearing, high on board'.
The department paid the costs and its counsel argued on the next date. The point for readers is that the problem was not one thing. Board congestion, both sides' adjournments, and the department's delay all contributed, and seeing them separately is what allowed a targeted request instead of a general complaint.
Keep these ready if you need time, or want to oppose it
- Copies of every order sheet, with a one-page log of who sought each adjournment
- A medical certificate with dates, if illness is the reason for your request
- The cause list of the other court if counsel is engaged there
- Proof of urgency: retirement date, withheld dues, suspension order, panel expiry date or age proof
- Receipts for any costs paid, or orders showing costs imposed on the other side
- A short note of arguments, so you are ready if the bench decides to proceed
- The vakalatnama of any new counsel, already filed before the date
Time and cost of adjournments at a glance
| Situation | Typical effect on time | Money involved, in general terms |
|---|---|---|
| First adjournment on a genuine reason | Two to six weeks, depending on the bench's board | Usually no costs |
| Second or third adjournment by the same party | Similar gap, sometimes a shorter fixed date | Costs may be imposed, from a few hundred to a few thousand rupees |
| Last chance missed | Hearing proceeds, or right closed, or one more date on heavy costs | Higher costs, sometimes from the officer at fault |
| Case not reached or bench not sitting | Anything from a week to several months | No costs on either side |
| Dismissal for default and restoration | Restoration application within 30 days; one to three listings to decide it | Sometimes costs as a condition of restoration |
| Each additional listing for you | Lost time, travel and leave if you attend | Depends on how your counsel charges; ask at the first meeting and get the stage-wise terms in writing |
| Filing the OA itself | Scrutiny in days to two weeks | A small fixed tribunal fee (Rs 50 under Rule 7; check the current figure with the registry) |
What to do this week
Collect all the order sheets in your case and sort each date into one of three columns: adjourned at the department's request, adjourned at your request, or not reached. That one sheet tells you whether to press for costs, to file an application for early hearing, or simply to wait for the board to move.
If you need time yourself, ask early, give a real reason with proof, and propose a short date. If the department keeps seeking time, ask your counsel to request costs and a last chance at the next listing. For a wider picture of how long each stage of a service case takes, see our guide on a realistic timeline for a service dispute, and for an overview of tribunal work, our central administrative tribunal lawyer page.
If your case has been adjourned again and again and you want the order sheets checked, get in touch with Advocate B.K. Singh for advice on your case papers or for updates on the law.
Frequently asked questions
How many times can a CAT case be adjourned?
The rules set no maximum. Benches usually allow a party two or three adjournments for good reason, then mark a last chance, impose costs or refuse further time.
Who pays the costs when an adjournment is granted with costs?
The party that sought the adjournment pays, to whoever the order names. That may be the other party, a legal aid fund or a bar library, and sometimes the officer responsible for the delay.
Can I ask for an adjournment because I cannot attend personally?
You can, but unless the bench has called you in person, your counsel can argue without you. Repeated requests for personal presence tend to cost goodwill with the bench.
My case keeps showing 'not reached'. Can anything be done?
If there is real urgency, counsel can mention the matter for an early or fixed date with proof of hardship. Otherwise, 'not reached' reflects the bench's workload, and nobody can be made to pay for it.
Does the three-adjournment rule of civil courts apply in CAT?
Not strictly, because Section 22 of the Administrative Tribunals Act frees the tribunal from the Code of Civil Procedure. Benches treat it as a guide, so the practice is similar.
What if my lawyer does not turn up on the date?
The bench may adjourn, hear you in person, or in some cases dismiss for default. If it is dismissed, apply for restoration within 30 days with an explanation.
Can the tribunal refuse an adjournment when my counsel is unwell?
It rarely does on a first genuine request. Where there have been many earlier adjournments, it may ask for proxy counsel or proceed, so arrange a backup if illness is likely.
Will repeated adjournments by the department help me at the final hearing?
They can support a request for costs, early disposal or interest on delayed dues. They do not decide the merits, so your case still has to be sound.
Advocate B.K. Singh
Founder of B.K. Singh & Associates. MCA, LL.B., LL.M. More than twenty years in practice before the Supreme Court, the Delhi High Court and other High Courts, the Central Administrative Tribunal and other tribunals. This guide was written and reviewed by his team.
This guide explains the law in general terms and is not legal advice. For advice on your own papers, contact the team.
Related guides
ProcedureOA Paper Book: Index, Synopsis, List of Dates and Annexures in Order
How to put together an OA paper book for the Central Administrative Tribunal: index, synopsis, list of dates, Form I and annexures from A-1 onwards.
ProcedureWriting a List of Dates for a Service Case: A Worked Example in Words
A list of dates for a service case built from a real-looking file: which events go in, how each entry is worded, and how the dates show limitation.
ProcedureFraming the Relief Clause in an OA: Asking for Exactly What You Need
How to draft the relief clause in an OA before CAT: quashing the right orders, listing consequential benefits, asking for interest and avoiding vague...
ProcedureWho to Make a Respondent: Union of India, Department Heads and Private Parties
Choosing respondents in an OA before CAT: Union of India through the Secretary, the officers who passed the order, and private parties who must be...
ProcedurePromotion or Seniority Case: Why Affected Juniors Must Be Made Parties
Why a promotion or seniority OA must name the juniors it would push down, how many to implead, and how representative capacity and late impleadment...
ProcedureVakalatnama, Verification and Affidavit in a Tribunal Filing
What a vakalatnama for tribunal cases must contain, how the verification clause and affidavits in an OA are signed, attested and filed, and what goes...