Order XV-A CPC: Case Management Hearing - Rules 1 to 8

Rule 1 - First Case Management Hearing

The Court shall hold the first Case Management Hearing not later than four weeks from the date on which all parties to the suit file their affidavits of admission or denial of documents.

Rule 2 - Orders to be passed in a Case Management Hearing

After hearing the parties, and once the Court finds that issues of fact or law require trial, it may pass orders for efficient conduct of the suit, including orders:

1. framing issues in accordance with Order XIV after examining the pleadings, documents and material before the Court and, where required, conducting examination under Rule 2 of Order X;
2. listing the witnesses to be examined by the parties;
3. fixing the date by which affidavits of evidence must be filed;
4. fixing dates for recording the evidence of witnesses;
5. fixing the date by which written arguments must be filed;
6. fixing the date on which oral arguments will be heard; and
7. setting time limits for the parties and their advocates to address oral arguments.

Rule 3 - Time limit for completion of trial

While fixing dates and time limits under Rule 2, the Court shall ensure that arguments are closed not later than six months from the date of the first Case Management Hearing.

Rule 4 - Recording oral evidence on a day-to-day basis

The Court shall, as far as possible, ensure that recording of evidence proceeds on a day-to-day basis until cross-examination of all witnesses is complete.

Rule 5 - Case Management Hearings during trial

The Court may, where necessary, hold further Case Management Hearings at any time during the trial to issue appropriate directions, secure adherence to dates fixed under Rule 2 and facilitate speedy disposal of the suit.

Rule 6 - Powers of the Court in a Case Management Hearing

At a Case Management Hearing, the Court has extensive powers to control and streamline the litigation. These include power to:

1. hear and decide pending applications under Order XIII-A before framing issues;
2. direct parties to file compilations of relevant documents or pleadings needed for framing issues;
3. extend or shorten time for compliance with a practice direction or Court order where sufficient reason exists;
4. adjourn or advance a hearing for sufficient reason;
5. direct a party to attend for examination under Rule 2 of Order X;
6. consolidate proceedings;
7. strike off a witness or evidence considered irrelevant to the issues framed;
8. direct separate trial of an issue;
9. decide the order in which issues will be tried;
10. exclude an issue from consideration;
11. dismiss or give judgment on a claim after decision of a preliminary issue;
12. direct recording of evidence by Commission in accordance with Order XXVI;
13. reject an affidavit of evidence containing irrelevant, inadmissible or argumentative material;
14. strike out portions of an affidavit of evidence containing irrelevant, inadmissible or argumentative material;
15. delegate recording of evidence to an authority appointed by the Court;
16. make orders for monitoring evidence recorded by a Commission or other authority;
17. order a party to file and exchange a costs budget; and
18. issue directions or orders needed to manage the case and further the objective of efficient disposal of the suit.

The Court may make an order subject to conditions, including payment of money into Court, and may specify the consequence of failure to comply with the order or a condition. The Court may also direct the parties to remain present at a Case Management Hearing where it considers that settlement may be possible.

Rule 7 - Adjournment of Case Management Hearing

The Court shall not adjourn a Case Management Hearing merely because the advocate appearing for a party is absent.

If an adjournment is sought in advance by an application, the Court may adjourn the hearing to another date upon payment of such costs as it considers fit. Where the Court is satisfied that there is a justified reason for the advocate's absence, it may adjourn the hearing on such terms and conditions as it considers appropriate.

Rule 8 - Consequences of non-compliance with Case Management orders

If a party fails to comply with an order made at a Case Management Hearing, the Court may:

1. condone the non-compliance on payment of costs to the Court;
2. foreclose the non-compliant party's right to file affidavits, conduct cross-examination, file written submissions, address oral arguments or make further arguments in the trial, as applicable; or
3. dismiss the plaint or allow the suit where the non-compliance is wilful and repeated and costs are inadequate to secure compliance.