First Hearing

Nature and scope of first hearing

First hearing is the day on which issues are framed. Issues are
nothing but the questions or arguments. First hearing is fixed in
order to understand the contentions of the parties. Firstly, the
Plaintiff presents the plaint. Secondly, the Defendant files the
written statement. Thirdly, the Court after receiving plaint and
written statement will frame the issues. Hence the third important
stage of framing issues is called as the ‘first hearing’. At the first
hearing of the suit, the Court will frame issues on those material
propositions of fact or law upon which the parties are at variance.
Therefore, the stage of first hearing of the suit is after filing of the
written statement and before framing of the issues.

The Court will proceed and record only those issues upon which
the right decision of the case appears to depend.

Parties not at issue

Order 15 Rule (1) provides that 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.

One of several Defendants not at issue

Order 15 Rule (2)(1) provides that where there are more Defendants
thay one, and any one of the Defendants is not at issue with the
Plaintiff on any question of law or of fact, the Court may at once
pronounce judgment for oy against such Defendant and the suit
shall proceed only against the other Defendants. Order 15 Rule (2)
(2) provides that wherever a judgment ig pronounced under this
rule, a decree shall be drawn up in accordance with such judgment
and the decree shall bear the date on which the judgment was
pronounced.

Parties at issue
Order 15 Rule (3)(1) provides that where the parties are at issue on
some question of law or of fact, and issues have been frame by the
Court as herein before 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. Where the summons has been issued
for the settlement of issues only, the parties or their pleaders are
present and none of them objects. Order 15 Rule (3)(2) provides
that 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.

Failure to produce evidence

Order 15 Rule (4) provides that 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 any, if it thinks fit,
after framing and recording issues, adjourn the suit for production
of such evidence as may be necessary for its decision upon such
issues.

Object of first hearing

Order 10 Rule 1 enables the Court to ascertain from each of the

parties or his pleader, at the first hearmg whether he admits or
denies such of those allegations of fact made in the pleadings of the
other party, which were not expressly or by necessary implication
admitted or denied by him. In other words, if the Defendant m his
written statement fails to expressly or by necessary implication
admit or deny any of the plaint allegations, the Court can ascertain
from the Defendant, whether he admits or denies the said plaint
allegations. Similarly, if the Defendant has made some allegations
against the Plaintiff in his written statement, and no reply is filed
thereto by the Plaintiff, the Court can ascertain whether Plaintiff
admits or denies those allegations.

Manmohan Das v. Mt. Ramdei and Another, AIR 1931 PC 175, it

has been held that the object of the examination under Order 10
Rule 2 is to identify the matters in controversy and not to prove or
disprove the matters in controversy, nor to seek admissions, nor to
decide the rights or obligations of parties.