Civil Procedure Code, 1908—Order 10, Rule 1—First HEARING of the SUIT
Order 14, Rule 1(5)—First HEARING of the SUIT
Order 10
EXAMINATION OF PARTIES BY THE COURT
Ascertainment whether allegations in pleadings are admitted or denied. – At the first hearing of the suit the Court shall ascertain from each party or his pleader whether he admits or denies such allegations of fact as are made in the plaint or written statement (if any) of the opposite party, and as are not expressly or by necessary implication admitted or denied by the party against whom they are made. The Court shall record such admissions and denials.
2. Oral examination of party, or companion of party. — (1) At the first hearing of the suit, the Court—
(a) shall, with a view to elucidating matters in controversy in the suit examine orally such of the parties to the suit appearing in person or present in Court, as it deems fit; and
(b) may orally examine any person, able to answer any material question relating to the suit, by whom any party appearing in person or present in Court or his pleader is accompanied.
(2) At any subsequent hearing, the Court may orally examine any party appearing in person or present in Court, or any person, able to answer any material question relating to the suit, by whom such party or his pleader is accompanied.
(3) The Court may, if it thinks fit, put in the course of an examination under this rule questions suggested by either party.
Substance of examination to be written. – The substance of the examination shall be reduced to writing by the Judge, and shall form part of the record.
Consequence of refusal or inability of pleader to answer. – (1) Where the pleader of any party who appears by a pleader or any such person accompanying a pleader as is referred to in rule 2, refuses or is unable to answer any material question relating to the suit which the Court is of opinion that the party whom he represents ought to answer, and is likely to be able to answer if interrogated in person, the Court may postpone the hearing of the suit to a future day and direct that such party shall appear in person on such day.
(2) If such party fails without lawful excuse to appear in person on the day so appointed, the Court may pronounce judgment against him, or make such order in relation to the suit as it thinks fit.
“the first HEARING of the SUIT” is when, after the framing of issues, the SUIT is posted for trial, that is, production of evidence.
The question of law raised before us may perhaps be pronounced upon as it is of general importance. S. 20 (4) of., the Act which we have excerpted above fixes the crucial date for deposit of rent as “at the first hearing of the suit,” What is “the first hearing of the suit”? Certain decisions have been cited before us of the Allahabad High Court which indicate that “the first hearing of the suit” is when, after the framing of issues, the suit is posted for trial, that is, production of evidence. In the matters of State statutes where procedure has to be pronounced upon, the practice of the Court is the best guide to interpretation and the Allahabad High Court having pronounced upon the question we think we ordinarily accept such interpretation unless there is something revoltingly wrong about the construction. We see none here and, therefore, adopt as correct the decision of the High Court regarding the meaning of the expression “at the first hearing of the suit”. We may however add that the expression “at the first hearing of the suit” is also to be found in 0. X, R. 1; 0. XIV, R. 1 (5) and 0. XV R. I of the Code of Civil Procedure. These provisions indicate that “the first hearing of the suit” can never be earlier than the date fixed for the preliminary examination of the parties (0. X, R. 1) and the settlement of issues (0. XIV, R. 1 (5)). [ Ved Prakash Wadhwa Versus Vishwa Mohan AIR 1982 SC 816 : (1981) 3 SCC 667 ]
