📘 CIVIL PROCEDURE CODE : ORDER X & XIV

TOPICS:

• Examination Of Parties By Court

o Oral examination of parties

o Substance of examination to be written

• Settlement Of Issues And Determination Of Suit On Issues

o What is an issue?

o What are Material propositions?

o FRAMING OF ISSUES

o Materials from which issues may be framed

Preparation for RJS, DJS, PCS (J) and other Judicial Service exams

⚖️ CIVIL PROCEDURE CODE EXPLAINED

The Civil Procedure Code forms the bedrock of any and every Judicial Service exam in the country. Its thorough knowledge is a must for all aspirants of RJS, DJS, PCS (J) and every other Judicial Service exam. To help such aspirants DELHI LAW ACADEMY JAIPUR has launched a series of study material modules on all important aspects of this vital part of their syllabus:

📝 ORDER X EXAMINATION OF PARTIES BY COURT

Allegations in pleadings: admitted or denied

Rule 1

• At the first hearing of suit:

• Court shall ascertain

– from each party or his pleader

– whether he admits or denies allegations of fact made in the plaint or written statement of the opposite party

Alternative dispute resolution

Rule 1A

• After recording admissions and denials:

• Court shall direct the parties

– to opt either mode of settlement outside the Court

– as specified in section 89(1)

• On option of the parties:

• Court

– shall fix the date of appearance

– before the forum or authority opted by the parties

Oral examination of parties

Rule 2

• At first hearing of the suit:

• Court

– shall examine orally such party to the suit present in Court as it deems fit

• to elucidate matters in controversy and

– may orally examine

• any person able to answer any material question relating to the suit

• by whom any party present in Court or his pleader is accompanied

Substance of examination to be written

Rule 3

• Substance of the examination

– shall be reduced to writing by the Judge and

– shall form part of the record

🧾 ORDER XIV

SETTLEMENT OF ISSUES AND DETERMINATION OF SUIT ON ISSUES

FRAMING OF ISSUES

Rule 1(1)

• Issues arise

– when a material proposition of fact or law

– is affirmed by one party and denied by the other

What are Material propositions?

Rule 1(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

What is an issue?

Rule 1(3)

• Each material proposition

– affirmed by one party and denied by the other

– shall form the subject of a distinct issue

Types of issues

Rule 1(4)

• Issues are of two kinds:

– issues of fact and issues of law

Framing of issues

Rule 1(5)

• At the first hearing of the suit:

– after reading the plaint and written statements and

– after examination under rule 2 of Order X and

– after hearing the parties or their pleaders

• the Court

– shall ascertain upon what material propositions of fact or of law the parties are at variance and

– shall proceed to frame the issues on which right decision of the case appears to depend

Framing of issues not required

Rule 1(6)

• Nothing is this rule

– requires the Court to frame and record issues

– where the defendant at the first hearing makes no defence

Court to pronounce judgment on all issues

Rule 2(1)

• Notwithstanding that a case may be disposed of on a preliminary issue:

• the Court

– shall pronounce judgment on all issues

Rule 2(2)

• Where

– issues both of law and of fact arise and

– Court is of opinion that the case or any part may be disposed of on an issue of law only

• it may try that issue first

• if the issue relates to

– jurisdiction of the Court or a bar to the suit created by any law

• and for that purpose

– may postpone settlement of other issues until after that issue has been determined and

– may deal with the suit in accordance with decision on that issue

Materials from which issues may be framed

Rule 3

• Court may frame issues from the following materials:

– allegations made on oath by the parties or by their pleaders

– allegations made in the pleadings or in answers to interrogatories

– contents of documents produced by either party

Examination before framing issues

Rule 4

• Where

– Court is of opinion that issues cannot be correctly framed

– without examination of some person not before the Court or

– without inspection of some document not produced in the suit..

• it

– may adjourn the framing of issues to a day not later than seven days and

– may compel attendance of any person or production of any document

Power to amend and strike out issues

Rule 5

• The Court

– may amend the issues or frame additional issues

– at any time before passing a decree

• Amendments or additional issues

– necessary for determining the matters in controversy

– shall be so made or framed

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❓ Frequently Asked Questions – CPC Order X & XIV