Question: Under what circumstances a court may dispose of a suit at the first hearing? Find the answer only on Legal Bites. [Under what circumstances a court may dispose of a suit at the first hearing?] Answer A Civil proceeding governed by the Code will have to be proceeded with and decided in accordance with law and the… Read More »

Question: Under what circumstances a court may dispose of a suit at the first hearing? Find the answer only on Legal Bites. [Under what circumstances a court may dispose of a suit at the first hearing?] Answer A Civil proceeding governed by the Code will have to be proceeded with and decided in accordance with law and the provisions of the Code, and not on the whims of the court. There are no shortcuts in the trial of suits unless they are provided by law. A civil suit has to be decided...

Question: Under what circumstances a court may dispose of a suit at the first hearing?

Find the answer only on Legal Bites. [Under what circumstances a court may dispose of a suit at the first hearing?]

Answer

A Civil proceeding governed by the Code will have to be proceeded with and decided in accordance with law and the provisions of the Code, and not on the whims of the court. There are no shortcuts in the trial of suits unless they are provided by law. A civil suit has to be decided after framing issues and trial permitting the parties to lead evidence on the issues, except in cases where the Code or any other law makes an exception or provides any exemption.

Order XV of the Civil Procedure Code, 1908 is one such exception to the aforesaid general rule which deals with the Disposal of the Suit at the First Hearing.

Rule 1 of Order XV talks about the procedure when parties to the suit are not at issue. It says, “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.”

In the case of Puranmal Bajaria v. Nagarmal, [AIR 1980 AP 143] where the judgment was pronounced under O XV, r 1 at the first hearing of the suit, as the judge was convinced that the parties were not at issue on any question of law or a fact. The court was competent to pronounce at once the judgment and was not required to conform to the procedure laid down under O XX.

The Hon’ble Supreme Court has said in the case of Heera Lal v. Kalyan Mal, (1998) 1 SCC 278 that where it appears to the court that there is no contest between the parties regarding some items of the suit property, in such a situation, the court would be justified in framing the issues only regarding the other left out items where there was a dispute between the parties. A preliminary decree could be passed in regard to the admitted items.

Rule 2 Order XV of Code of Civil Procedure 1908 talks about when “One of several defendants not at issue”. It says that: 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.

Further, in Rule 3 (1) Where the parties are at issue on some question of law or of fact, and issues have been framed by the Court as hereinbefore 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.

The fourth rule of the order talks about disposal at the first hearing when parties fail 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.


Important Mains Questions Series for Judiciary, APO & University Exams

Updated On 2022-03-24T07:50:39+05:30
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