(2)A party has no right to an adjournment merely because witnesses have not appeared more particularly if their non-appearance can be attributed to his own default in securing timely issue of summons. If due to delay in obtaining issue of summons It appears unlikely that service can be affected in the ordinary routine of the process-serving establishment the party must pay for a separate process special and, if necessary, furnish an identifier or take his chance of the summons not being served in time.Note 1. - The attention of the Courts is directed to the provisions of Order XVI, Rule 10 (2), which requires that, before issue of a proclamation or warrant, the Court should see reason to believe that the evidence of the absent witness is material.Note 2. - An appreciable improvement in the matter of unnecessary adjournments of cases is possible if the Courts, instead of merely adjourning cases for non-service and late service, take an intelligent interest in the work and, by properly scrutinizing the registers of the process-writer and Nazir, the work-tickets and the reports themselves, find out whether the default is due to the negligence of deliberate intention of the parties or to the negligence of clerks or process-servers. In either case suitable action should be at once taken to deal with these malpractices so as to prevent their recurrence.
