Professional Documents
Culture Documents
CPC Part 2
CPC Part 2
VIII
W/S to be filed by Defendant within 30 days from the
date of receipt of Summons.
Period can be further extended to 60 days overall it
should not be beyond 90 days.
Duty of Defendant to produce documents upon which
he relies.
Defendant must specifically deny each and every
contention of plaint.
Denial cannot be evasive, the grounds for such denial
must be specifically mentioned.
New facts and facts pertaining to Set off and Counter
Claim must be specifically pleaded.
CONSEQUENCES OF NON
APPEARANCE U/O.IX
Both the parties are required to appear before the
court on the day fixed for hearing.
Failing which:
If plaintiff himself fails to appear the suit shall be
dismissed for default
If defendant fails to appear an EX-PARTE decree
can be passed.
SETTING ASIDE OF EX-PARTE
The Defendant must move an application u/r.13 of
O.IX for setting aside of Ex-parte Decree with
sufficient grounds.
Once Decree is set aside and application for delay
condonation u/S.5 of Limitation Act.
If delay is condoned the Defendant is required to file
his W/S and suit is revived.
In case of more than one defendant, where either of
them does not appear an Ex-parte shall be against such
and against others the suit will proceed.
EXAMINATION OF PARTIES U/O.X
Before framing of issues, if the court finds
necessary to examine the parties, it may do so.
The court may provide opportunity to prefer
alternate mode of dispute resolution :
Arbitration u/S.89
Conciliation
Mediation
The matter may be either send for mediation or
retained back.
DISCOVERY & INSPECTION U/O.XI
Discovery by interrogatories
Using answer to interrogatories during trial.
Calling for affidavit for documents produced
Production of documents (original if required)
Inspection of such original documents which
cannot be produced before court.(Account books,
Government records etc.)
Calling for Certified copies
ADMISSIONS U/O.XII
Notice of admission of case/facts/claim of
plaintiff.
Notice to admit documents
Documents to be deemed to be admitted if
not denied.
Court may record admission
Judgment on admissions
PRODUCTION, IMPOUNDING &RETURN OF
DOCUMENTS U/O.XIII
Original documents to be produced at or
before the settlement of issues.
Rejection of irrelevant or inadmissible
documents.
Endorsement on documents admitted in
evidence.
Impounding of documents.
Return of documents after disposal or appeal.
DISPOSAL AT FIRST HEARING
U/O.XV
If parties are not at issue, judgment
may be pronounced at once.
Where One or several defendants are
not in issue with plaintiff, judgment
against such defendant will be passed
and against others issues will be
framed and suit proceeds.
FRAMING OF ISSUES U/O.XIV
After :
going through pleadings and
hearing both parties,
Inspection of documents if required
The court will frame issues of dispute
between parties.
ISSUES