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CODE OF CIVIL PROCEDURE 1908

ORDER X EXAMINATION OF PARTIES BY THE COURT

How to do Ascertainment whether allegations in pleadings are admitted or denied? What is Oral examination of party, or companion of party? What is the Substance of examination to be written? What is the Consequence of refusal or inability of pleader to answer? Rule 1, 2, 3 and 4 of Order X of Code of Civil Procedure 1908

 

 

ORDER XI DISCOVERY AND INSPECTION

What is Discovery by interrogatories? What is the meaning Particular interrogatories to be submitted? What is Costs of interrogatories? What is Form of interrogatories? What are Corporations? What are Objections to interrogatories by answer? What is Setting aside and striking out interrogatories? What is Affidavit in answer, filing? Rule 1, 2, 3, 4, 5, 6, 7 and 8 of Order XI of Code of Civil Procedure 1908

What is Form of affidavit in answer? What is the meaning No exception to be taken? What is Order to answer or answer further? What is Application for discovery of documents? How to prepare Affidavit of documents? How to do Production of documents? What is Inspection of documents referred to in pleadings or affidavits? What is Notice to produce? Rule 9, 10, 11, 12, 13, 14, 15 and 16 of Order XI of Code of Civil Procedure 1908

What is the Time for inspection when notice given? What is Order for inspection? What are Verified copies? What is Premature discovery? What is Non-compliance with order for discovery? What is Using answers to interrogatories at trial? Is Order to apply to minors? Rule 17, 18, 19, 29, 21, 22 and 23 of Order XI of Code of Civil Procedure 1908

 

 

ORDER XII ADMISSION

What is Notice of admission of case? What is notice Notice to admit documents? What is the meaning Document to be deemed to be admitted if not divided after service of notice to admit documents? What is Form of notice? What is the Power of Court to record admission? What is Notice to admit acts? Rule 1, 2, 3 and 4 of Order XII of Code of Civil Procedure 1908

What is Form of admissions? What is the meaning of Judgment on admissions? What is Affidavit of signature? What is the meaning of Notice to produce documents? What are Costs? Rule 5, 6, 7, 8 and 9 of Order XII of Code of Civil Procedure 1908

ORDER XIII PRODUCTION, IMPOUNDING AND RETURN OF DOCUMENTS

What is the meaning of documentary evidence to be produced at or before the settlement of issues?, What is the Effect of non-production of documents? What is Rejection of irrelevant or inadmissible documents? What are Endorsements on documents admitted in evidence? What is Endorsements on copies of admitted entries in books, accounts and records? Rule 1, 2, 3, 4 and 5 of Order XIII of Code of Civil Procedure 1908

What is Endorsements on documents rejected as inadmissible in evidence? What is Recording of admitted and return of rejected documents? What is the meaning Court may order any document to be impounded? What is the process of Return of admitted documents? What is the meaning Court may send for papers from its own records or from other Courts? What is the Provision as to documents applied to material objects? Rule 6, 7, 8, 9, 10 and 11 of Order XIII of Code of Civil Procedure 1908

ORDER XIV SETTLEMENT OF ISSUES AND DETERMINATION OF SUIT ON ISSUES OF LAW OR ON ISSUES AGREED UPON

What is Framing of issues? Does Court to pronounce judgment on all issues? What are the Materials from which issues may be framed? Can Court may examine witnesses or documents before framing issues? What is Power to amend and strike out, issues? What is the meaning Questions of fact or law may by agreement be stated in form of issues? Can Court, if satisfied that agreement was executed in good faith, may pronounce judgment? Rule 1, 2, 3, 4, 5, 6 and 7 of Order XIV of Code of Civil Procedure 1908

ORDER XV DISPOSAL OF THE SUIT AT THE FIRST HEARING

Who are Parties not at issue? What is the meaning of One of several defendants not at issue? Who are Parties at issue? What is the consequence of Failure to produce evidence? Rule 1, 2, 3 and 4 of Order XV of Code of Civil Procedure 1908

ORDER X EXAMINATION OF PARTIES BY THE COURT - RULE 1, 2, 3, 4 OF CODE OF CIVIL PROCEDURE 1908

How to do Ascertainment whether allegations in pleadings are admitted or denied? What is Oral examination of party, or companion of party? What is the Substance of examination to be written? What is the Consequence of refusal or inability of pleader to answer? Rule 1, 2, 3 and 4 of Order X of Code of Civil Procedure 1908

Ascertainment whether allegations in pleadings are admitted or denied, Oral examination of party, or companion of party, Substance of examination to be written and Consequence of refusal or inability of pleader to answer are defined under Rule 1, 2, 3 and 4 of Order X of Code of Civil Procedure 1908. Provisions under these Rules are:

Rule 1 Order X of Code of Civil Procedure 1908 "Ascertainment whether allegations in pleadings are admitted or denied"

At the first hearing of the suit the Court shall ascertain from each party or his pleader whether he admits or denies such allegations of fact as are made in the plaint or written statement (if any) of the opposite party, and as are not expressly or by necessary implication admitted or denied by the party against whom they are made. The Court shall record such admissions and denials.

Rule 2 Order X of Code of Civil Procedure 1908 "Oral examination of party, or companion of party"

(1) At the first hearing of the suit, the Court-

(a) shall, with a view to elucidating matters in controversy in the suit examine orally such of the parties to the suit appearing in person or present in Court, as it deems fit; and

(b) may orally examine any person, able to answer any material question relating to the suit, by whom any party appearing in person or present in Court or his pleader is accompanied.

(2) At any subsequent hearing, the Court may orally examine any party appearing in person or present in Court, or any person, able to answer any material question relating to the suit, by whom such party or his pleader is accompanied.

(3) The Court may, if it thinks fit, put in the course of an examination under this rule questions suggested by either party.

Rule 3 Order X of Code of Civil Procedure 1908 "Substance of examination to be written"

The substance of the examination shall be reduced to writing by the Judge, and shall form part of the record.

Rule 4 Order X of Code of Civil Procedure 1908 "Consequence of refusal or inability of pleader to answer"

(1) Where the pleader of any party who appears by a pleader or any such person accompanying a pleader as is referred to in rule 2, refuses or is unable to answer any material question relating to the suit which the Court is of opinion that the party whom he represents ought to answer, and is likely to be able to answer if interrogated in person, the Court may postpone the hearing of the suit to a future day and direct that such party shall appear in person on such day.

(2) If such party fails without lawful excuse to appear in person on the day so appointed, the Court may pronounce judgment against him, or make such order in relation to the suit as it thinks fit.

 

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