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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