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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 XIV SETTLEMENT OF ISSUES AND DETERMINATION OF SUIT ON ISSUES OF LAW OR ON ISSUES AGREED UPON - RULE 1, 2, 3, 4, 5, 6, 7 OF CODE OF CIVIL PROCEDURE 1908

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

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

Rule 1 Order XIV of Code of Civil Procedure 1908 "Framing of issues"

(1) Issues arise when a material proposition of fact or law is affirmed by the one party and denied by the other.

(2) Material propositions are those propositions of law or fact which a plaintiff must allege in order to show a right to sue or a defendant must allege in order to constitute his defence.

(3) Each material proposition affirmed by one-party and denied by the other shall form the subject of distinct issue.

(4) Issues are of two kinds:

(a) issues of fact,

(b) issues of law.

(5) At the first hearing of the suit the Court shall, after reading the plaint and the written statements, if any, and 71[after examination under rule 2 of Order X and after hearing the parties or their pleaders], ascertain upon what material propositions of fact or of law the parties are at variance, and shall thereupon proceed to frame and record the issues on which the right decision of the case appears to depend.

(6) Nothing in this rule requires the Court to frame and record issues where the defendant at the first hearing of the suit makes no defence.

Rule 2 Order XIV of Code of Civil Procedure 1908 "Court to pronounce judgment on all issues"

(1) Notwithstanding that a case may be disposed of on a preliminary issue, the Court shall, subject to the provisions of sub-rule (2), pronounce judgment on all issues.

(2) Where issues both of law and of fact arise in the same suit, and the Court is of opinion that the case or any part thereof may be disposed of on an issue of law only, it may try that issue first if that issue relates to-

(a) the jurisdiction of the Court, or

(b) a bar to the suit created by any law for the time being in force,

and for that purpose may, if it thinks fit, postpone the settlement of the other issues until after that issue has been determined, and may deal with the suit in accordance with the decision on that issue.

Rule 3 Order XIV of Code of Civil Procedure 1908 "Materials from which issues may be framed"

The Court may frame the issues from all or any of the following materials :-

(a) allegations made on oath by the parties, or by any persons present on their behalf, or made by the pleaders of such parties;

(b) allegations made in the pleadings or in answers to interrogatories delivered in the suit;

(c) the contents of documents produced by either party.

Rule 4 Order XIV of Code of Civil Procedure 1908 "Court may examine witnesses or documents before framing issues"

Where the Court is of opinion that the issues cannot be correctly framed without the examination of some person not before the Court or without the inspection of some document not produced in the suit, it may adjourn the framing of the issues to a future day, and may (subject to any law for the time being in force) compel the attendance of any person or the production of any document by the person in whose possession or power it is by summons or other process.

Rule 5 Order XIV of Code of Civil Procedure 1908 "Power to amend and strike out, issues"

(1) The Court may at any time before passing a decree amend the issues or frame additional issues on such terms as it thinks fit, and all such amendments or additional issues as may be necessary for determining the matters in controversy between the parties shall be so made or framed.

(2) The Court may also, at any time before passing a decree, strike out any issues that appear to it to be wrongly framed or introduced.

Rule 6 Order XIV of Code of Civil Procedure 1908 "Questions of fact or law may by agreement be stated in form of issues"

Where the parties to a suit are agreed as to the question of fact or of law to be decided between them, they may state the same in the form of an issue, and enter into an agreement in writing that, upon the finding of the Court in the affirmative or the negative of such issue,-

(a) a sum of money specified in the agreement or to be ascertained by the Court, or in such manner as the Court may direct, shall be paid by one of the parties to the other of them, or that are of them be declared entitled to some right or subject some liability specified in the agreement:

(b) some property specified in the agreement and in dispute in the suit shall be delivered by one of the parties to the other of them, or as that other may direct; or

(c) one or more of the parties shall do or abstain from doing some particular act specified in the agreement and relating to the matter in dispute.

Rule 7 Order XIV of Code of Civil Procedure 1908 "Court, if satisfied that agreement was executed in good faith, may pronounce judgment"

(a) that the agreement was duly executed by the parties;

(b) that they have a substantial interest in the decision of such question as aforesaid, and

(c) that the same is fit to be tried and decided,

it shall proceed to record and try the issue and state its finding or decision thereon in the same manner as if the issue had been framed by the Court.

and shall, upon the finding or decision on such issue, pronounce judgment according to the terms of the agreement; and, upon the judgment so pronounced a decree shall follow.

 

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