ORDER XV DISPOSAL OF SUIT AT THE FIRST HEARING - RULE 1, 2, 3, 4 OF CODE OF CIVIL PROCEDURE 1908

Who are Parties not at issue? What is the meaning of One of several defendants not at issue? Who are Parties at issue? What is the consequence of Failure to produce evidence? Rule 1, 2, 3 and 4 of Order XV of Code of Civil Procedure 1908

Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Sch. (w.e.f. 23-10-2015).

Parties not at issue, One of several defendants not at issue, Parties at issue and Failure to produce evidence are defined under Rule 1, 2, 3 and 4 of Order XV of Code of Civil Procedure 1908. Provisions under these Rules are:


 

Rule 1 Order XV of Code of Civil Procedure 1908 "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 2 Order XV of Code of Civil Procedure 1908 "One of several defendants not at issue"

(1) Where there are more defendants than 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 or against such defendant and the suit shall proceed only against the other defendants.

(2) Whenever a judgment is 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.

 

Rule 3 Order XV of Code of Civil Procedure 1908 "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 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 :

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 Order XV of Code of Civil Procedure 1908 "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 necessary for its decision upon such issues.