Code of Civil Procedure, 1908 | Order X
Order X Rules 1, 1A, 1B, 1C, 2, 3 and 4 CPC
Order X enables the Court to identify admissions and denials, clarify matters in controversy through oral examination, and, where appropriate, direct parties toward alternative dispute resolution. It also provides for recording the substance of examination and consequences where a party or pleader cannot answer material questions.
India Code - Code of Civil Procedure, 1908
Order X Rule 1 CPC Ascertainment whether allegations in pleadings are admitted or denied
At the first hearing of the suit, the Court must ascertain from each party or the party's pleader whether allegations of fact made by the opposite party in the plaint or written statement, and not already expressly or by necessary implication admitted or denied, are admitted or denied.
The Court is required to record the admissions and denials.
Order X Rule 1A CPC Direction of Court to opt for a mode of alternative dispute resolution
After recording admissions and denials under Rule 1, the Court is to direct the parties to opt for one of the modes of settlement outside the Court contemplated by section 89(1) CPC.
On the parties selecting a mode of settlement, the Court fixes the date of appearance before the appropriate forum or authority.
Order X Rule 1B CPC Appearance before conciliatory forum or authority
Where a suit is referred under Rule 1A, the parties are required to appear before the forum or authority chosen for conciliation or settlement on the date fixed by the Court.
Order X Rule 1C CPC Appearance before Court consequent to failure of conciliation
Where the matter referred under Rule 1A is not settled, the conciliatory forum or authority refers the matter back to the Court and directs the parties to appear before the Court on the date fixed by it.
Order X Rule 2 CPC Oral examination of party or companion of party
At the first hearing, the Court may orally examine parties appearing in person or present in Court in order to elucidate matters in controversy. It may also examine a person accompanying a party or pleader where that person is able to answer a material question relating to the suit.
At a subsequent hearing, the Court may similarly examine a party present in person or another accompanying person able to answer material questions.
During such examination, the Court may, if it considers appropriate, put questions suggested by either party.
Order X Rule 3 CPC Substance of examination to be written
The substance of the examination under Order X must be reduced to writing by the Judge and forms part of the record of the suit.
Order X Rule 4 CPC Consequence of refusal or inability of pleader to answer
Where a party appears through a pleader and the pleader, or a person accompanying the pleader referred to in Rule 2, refuses or is unable to answer a material question that the Court considers the represented party ought to answer and is likely to be able to answer personally, the Court may postpone the hearing and direct that party to appear in person.
If the party fails, without lawful excuse, to appear on the date fixed, the Court may pronounce judgment against that party or make such other order concerning the suit as it thinks fit.