ORDER IV of CIVIL PROCEDURE CODE (CPC) – INSTITUTION OF SUITS 1. Suit to be commenced by plaint. (1) Every suit shall be instituted by presenting a plaint to the Court or such officer as it appoints in this behalf. (2) Every plaint shall comply with the rules contained inKEEP READING
1. Consolidation of suits and proceedings.
When two or more suits or proceedings are pending in the same Court, and the Court is of opinion that it is expedient in the interest of justice, it may by order direct their joint trial, where upon all such suits and proceedings may be decided upon the evidence in all or any of such suits or proceedings.KEEP READING
ORDER V of CIVIL PROCEDURE CODE (CPC) – ISSUE AND SERVICE OF SUMMONS Issue of Summons 1. Summons. (1) When a suit has been duly instituted a summons may be issued to the defendant to appear and answer the claim on a day to be therein specified: Provided that no suchKEEP READING
ORDER VI of CIVIL PROCEDURE CODE (CPC) – PLEADINGS GENERALLY 1. Pleading. “Pleading“, shall mean plaint or written statement. 2. Pleading to state material facts and not evidence. (1) Every pleading shall contain, and contain only a statement in a concise form of the material facts on which the partyKEEP READING
ORDER VII of CIVIL PROCEDURE CODE (CPC) – PLAINT 1. Particulars to be contained in plaint. The plaint shall contain the following particulars- (a) the name of the Court in which the suit is brought; (b) the name, description and place of residence of the plaintiff; (c) the name, descriptionKEEP READING
ORDER VIII of CIVIL PROCEDURE CODE (CPC) – WRITTEN STATEMENT, SET-OFF AND COUNTER-CLAIM 1. Written statement. (1) The defendant shall, at or before the first hearing or within such time as the Court may permit, present a written statement of his defence. (2) Save as otherwise provided in rule 8A,KEEP READING
ORDER IX of CIVIL PROCEDURE CODE (CPC) – APPEARANCE OF PARTIES AND CONSEQUENCE OF NON-APPEARANCE 1. Parties to appear on day fixed in summons for defendant to appear and answer. On the day fixed in the summons for the defendant to appear and answer, the parties shall be in attendanceKEEP READING
ORDER X of CIVIL PROCEDURE CODE (CPC) – EXAMINATION OF PARTIES BY THE COURT 1. 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 factKEEP READING
ORDER XI of CIVIL PROCEDURE CODE (CPC) – DISCOVERY AND INSPECTION 1. Discovery by interrogatories. In any suit the plaintiff or defendant by leave of the Court may deliver interrogatories in writing for the examination of the opposite parties or any one or more of such parties and such interrogatoriesKEEP READING
ORDER XII of CIVIL PROCEDURE CODE (CPC) – ADMISSION 1. Notice of admission of case. Any party to a suit may give notice, by his pleading, or otherwise in writing, that he admits the truth of the whole or any part of the case of any other party. 2. NoticeKEEP READING
ORDER XIII of CIVIL PROCEDURE CODE (CPC) – PRODUCTION, IMPOUNDING AND RETURN OF DOCUMENTS 1. Documentary evidence to be produced at or before the settlement of issues. (1) The parties or their pleaders shall produce, at or before the settlement of issues, all the documentary evidence of every description in theirKEEP READING
ORDER XIV of CIVIL PROCEDURE CODE (CPC) – SETTLEMENT OF ISSUES AND DETERMINATION OF SUIT ON ISSUES OF LAW OR ON ISSUES AGREED UPON 1. 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.KEEP READING
ORDER XV of CIVIL PROCEDURE CODE (CPC) – DISPOSAL OF THE SUIT AT THE FIRST HEARING 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 atKEEP READING
ORDER XVI of CIVIL PROCEDURE CODE (CPC) – SUMMONING AND ATTENDANCE OF WITNESSES 1. List of witnesses and summons to witnesses. (1) On or before such date as the Court may appoint, and not later than fifteen days after the date on which the issues are settled, the parties shallKEEP READING
ORDER XVIA of CIVIL PROCEDURE CODE (CPC) – ATTENDANCE OF WITNESSES CONFINED OR DETAINED IN PRISONS 1. Definitions. In this Order- (a) “detained” includes detained under any law providing for preventive detention; (b) “prison” includes- (i) any place which has been declared by the State Government, by general or specialKEEP READING
ORDER XVII of CIVIL PROCEDURE CODE (CPC) – ADJOURNMENTS 1. Court may grant time and adjourn hearing. (1) The Court may, if sufficient cause is shown, at any stage of the suit grant time to the parties or to any of them, and may from time to time adjourn theKEEP READING
