Monday, 9 April 2012

Disposal of Suit at First Hearing - Order 15

THE ORDER XV-DISPOSAL OF THE SUIT AT THE FIRST HEARING
Rule
TITLE
1.
Parties not at issue
2.
One of several defendants not at issue
3.
Parties at issue
4.
Failure to produce evidence

Rule 1: Parties not at issue
Where at the first hearing of a suit it appears that the parties are not at issue on any question of law or of fact, the Court may at once pronounce judgment.


Rule 3: Parties at issue
(1) Where the parties are at issue on some question of law or of fact, and issues have been framed by the Court as hereinbefore provided, if the Court is satisfied that no further argument or evidence than the parties can at once adduce is required upon such of the issues as may be sufficient for the decision of the suit, and that no injustice will result from proceeding with the suit forthwith, the Court may proceed to determine such issues, and, if the finding thereon is sufficient for the decision, may pronounce judgment accordingly, whether the summons has been issued for the settlement of issues only or for the final disposal of the suit:

Provided that, where the summons has been issued for the settlement of issues only, the parties or their pleaders are present and none of them objects.

(2) Where the finding is not sufficient for the decision, the Court shall postpone the further hearing of the suit, and shall fix a day for the production of such further evidence, or for such further argument as the case requires.


Rule 4 : Failure to produce evidence
Where the summons has been issued for the final disposal of the suit and either party fails without sufficient cause to produce the evidence on which he relies, the Court may at once pronounce judgment, or may, if it thinks fit, after framing and recording issues, adjourn the suit for the production of such evidence as may be mecessary for its decision upon such issues.

Meaning of first hearing –
A 1973 Pat 171;
1974 Pat 244;
(1993) 4 SCC 406.


AIR 1956 Bom 721;
(1957) PC 113;
AIR 2000 Del 176 – This Rule applies where the practice of certain courts is to fix a day for the settlement of issues and then if the issues are settled, the Court may proceed to hear certain of the issues forthwith.


O.10
First Hearing of the Suit – After filing of WS and before framing of issues – BSI Ltd versus CRISTIAN – C – AIR 1999 Bom 320

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