Order 12, rule 3 of Civil Procedure Rules : When only defendant attends
(1) If on the day fixed for hearing, after the suit has been called on for hearing outside the court, only the defendant attends and he admits no part of the claim, the suit shall be dismissed except for good cause to be recorded by the court.
(2) If the defendant admits any part of the claim, the court shall give judgment against the defendant upon such admission and shall dismiss the suit so far as it relates to the remainder except for good cause to be recorded by the court.
(3) If the defendant has counterclaimed, he may prove his counterclaim so far as the burden of proof lies on him.
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- Order 12, rule 4 - When some only of plaintiffs attend
If only some of the plaintiffs attend, the court may either proceed with the suit or make such other order as may be just.
- Order 12, rule 5 - When some only of defendants attend
If only some of the defendants attend, the court may proceed with the suit and may give such judgment as is just in respect of the defendants who have not attended.
- Order 12, rule 6 - Effect of dismissal
(1) Subject to subrule (2) and to any law of limitation of actions, where a suit is dismissed under this Order the plaintiff may bring a fresh suit.
(2) When a suit has been dismissed under rule 3...
- Order 12, rule 7 - Setting aside judgment or dismissal
Where under this Order judgment has been entered or the suit has been dismissed, the court, on application, may set aside or vary the judgment or order upon such terms as may be just.
- Order 13, rule 1 - Notice of admission of case
Any party to a suit may give notice by his pleading, or otherwise in writing, that he admits the truth of the whole or part of the case of any other party.
- Order 13, rule 2 - Judgment on admissions
Any party may at any stage of a suit, where admission of facts has been made, either on the pleadings or otherwise, apply to the court for such judgment or order as upon such admissions he may be...
- Order Order 14, rule 1 - Endorsements on documents admitted in evidence
(1) Subject to subrule (2), there shall be endorsed on every document which has been admitted in evidence in the suit the following particulars—
(a) the number and title of the suit;
(b) the party...
- Order 14, rule 2 - Endorsements on copies of admitted entries in books, accounts, and records
(1) Save in so far as is otherwise provided by any law relating to the production in evidence of bankers’ books, where a document admitted in evidence in the suit is an entry in a letter-book or a...
- Order 14, rule 3 - Record of admitted and return of rejected documents
(1) Every document which has been admitted in evidence, or a copy thereof where a copy has been substituted for the original under rule 2, shall form part of the record of the suit.
(2) Documents...
- Order 14, rule 4 - Court may order any document to be impounded
Notwithstanding anything hereinbefore contained, the court may, if it sees sufficient cause, direct any document or book produced before it in any suit to be impounded and kept in the custody of an...
- Order 14, rule 5 - Return of admitted documents
(1) Any person, whether a party to the suit or not, desirous of receiving back any document produced by him in the suit and placed on the record, shall, unless the document is impounded under rule 4,...
- Order 14, rule 6 - Court may send for records of its own or of other Court
(1) The court may of its own motion, and may in its discretion upon the application of any of the parties to a suit, send for, either from its own records, or from any other court, the record of any...
- Order 14, rule 7 - Provisions as to documents applied to material objects
The provisions herein contained as to documents shall, so far as may be, apply to all other material objects producible as evidence.
- Order 15, rule 1 - Framing of issues
(1) Issues arise when a material proposition of fact or law is affirmed by the one party and denied by the other.
(2) Issues are of two kinds—
(a) issues of fact; and (b) issues of law....
- Order 15, rule 2 - Materials from which issues may be framed
The court may frame the issues from all or any of the following materials—
(a) allegations made on oath by the parties, or by any persons present on their behalf, or made by the advocates of such...
- Order 16, rule 1 - Summons to attend to give evidence or produce documents
At any time before the trial conference under Order 11 the parties may obtain, on application to the court or to such officer as it appoints in this behalf, summonses to persons whose attendance is...
- Order 16, rule 2 - Expenses of witnesses to be paid into court on applying for summons
(1) The party applying for a summons shall, before the summons is granted and within a period to be fixed, pay into court such sum of money as appears to the court to be sufficient to defray the...
- Order 16, rule 3 - Tender of expenses or notification of sum lodged
The sum so paid into court shall be tendered to the person summoned at the time of serving the summons, if it can be served personally; or if the court so directs the person summoned may be notified...
- Order 16, rule 4 - Procedure where insufficient sum paid in. Expenses of witnesses detained more than one day
(1) Where it appears to the court or to such officer as it appoints in this behalf that the sum so paid into court is not sufficient to cover such expenses or reasonable remuneration, the court may...
- Order 16, rule 5 - Time, place, and purpose of attendance to be specified in summons
Every summons for the attendance of a person to give evidence or to produce a document shall specify the time and place at which he is required to attend, and whether his attendance is required for...
- Order 16, rule 6 - Summons to produce documents
Any person may be summoned to produce a document without being summoned to give evidence; and any person summoned merely to produce a document shall be deemed to have complied with the summons if he...
- Order 16, rule 7 - Power to require persons present in court to give evidence or produce document
Any person present in court may be required by the court to give evidence or to produce any document there and then in his possession or power
- Order 16, rule 8 - Summons, how served
Every summons under this Order shall be served as nearly as may be in the same manner as a summons to a defendant, and the rules in Order 5 as to proof of service shall apply in the case of all...
- Order 16, rule 9 - Time for serving summons
(1) Service shall in all cases be made within sufficient time before the time specified in the summons for the attendance of the person summoned to allow him a reasonable time for preparation and for...
- Order 16, rule 10 - Procedure where witness fails to comply with summons
(1) Where a person to whom a summons has been issued, either to attend to give evidence or to produce a document, fails to attend or to produce the document in compliance with such summons, the court...
- Order 16, rule 11 - If witness appears attachment, may be withdrawn
Where, at any time after the attachment of his property, such person appears and satisfies the court—
(a) that he did not, without lawful excuse, fail to comply with the summons or intentionally...
- Order 16, rule 12 - Procedure if witness fails to appear
The court may, where such person does not appear, or appears but fails so to satisfy the court, impose upon him such fine as it thinks fit, having regard to his condition in life and all the...
- Order 16, rule 13 - Mode of attachment
The provisions with regard to the attachment and sale of property in the execution of a decree shall, so far as they are applicable, be deemed to apply to any attachment and sale under this Order as...
- Order 16, rule 14 - Duty of persons summoned to give evidence or produce document
Whoever is summoned to appear and give evidence in a suit shall attend at the time and place named in the summons for that purpose, and whoever is summoned to produce a document shall either attend to...
- Order 16, rule 15 - When summoned persons may depart
(1) A person so summoned and attending shall, unless the court otherwise directs, attend at each hearing until the suit has been disposed of.
(2) The court may upon the oral application of either...
- Order 16, rule 16 - Application of rules 10 to 13
The provisions of rules 10 to 13 shall, so far as they are applicable, be deemed to apply to any person, who having attended in compliance with a summons, departs without lawful excuse in...
- Order 16, rule 17 - Procedure where witness apprehended cannot give evidence or produce document
Where any person arrested under a warrant is brought before the court in custody, and cannot, owing to the absence of the parties or any of them, give the evidence or produce the document which he has...
- Order 16, rule 18 - Consequence of refusal of a party to give evidence when called on by the Court
Where any party to a suit present in court refuses, without lawful excuse, when required by the court, to give evidence or produce any document there and then in his possession or power, the court may...
- Order 16, rule 19 - Rules as to witnesses to apply to parties summoned
Where any party to a suit is required to give evidence, or to produce a document, the provisions as to witnesses shall apply to him so far as they are applicable.
- Order 17, rule 1 - Hearing from day to day
(1) Once the suit is set down for hearing, it shall not be adjourned unless a party applying for adjournment satisfies the court that it is just to grant the adjournment.
(2) When the court grants...
- Order 17, rule 2 - Notice to show cause why suit should not be dismissed
(1) In any suit in which no application has been made or step taken by either party for one year, the court may give notice in writing to the parties to show cause why the suit should not be...
- Order 17, rule 3 - Procedure if parties fail to appear on day fixed
Where, on any day to which the hearing of the suit is adjourned, the parties or any of them fail to appear, the court may proceed to dispose of the suit in one of the modes directed in that behalf by...
- Order 17, rule 4 - Court may proceed notwithstanding either party fails to produce evidence
Where any party to a suit to whom time has been granted fails to produce his evidence, or to cause the attendance of his witnesses, or to perform any other act necessary to the further progress of the...
- Order 18, rule 1 - Right to begin
The plaintiff shall have the right to begin unless the court otherwise orders.
- Order 18, rule 2 - Statement and production of evidence
Unless the court otherwise orders—
(1) On the day fixed for the hearing of the suit, or on any other day to which the hearing is adjourned, the party having the right to begin shall state his case...
- Order 18, rule 3 - Witnesses to be examined in open court
The evidence of the witnesses in attendance shall be taken orally in open court in the presence of and under the personal direction and superintendence of the judge
- Order 18, rule 4 - How evidence to be recorded
The evidence of each witness shall be taken down in writing by or in the presence and under the personal direction and superintendence of the judge, not ordinarily in the form of question and answer...
- Order 18, rule 5 - Any particular question and answer may be taken down
The court may, of its own motion or on the application of any party or his advocate, take down any particular question and answer, or any objection to any question, if there appears to be any special...
- Order 18, rule 6 - Questions objected to and allowed by court
Where any question put to a witness is objected to by a party or his advocate, and the court allows the same to be put, the judge shall take down the question, the answer, the objection, and the name...
- Order 18, rule 7 - Remarks on demeanour of witness
The court may record such remarks as it thinks material respecting the demeanour of any witness while under examination.
- Order 18, rule 8 - Power to deal with evidence taken before another judge
(1) Where a judge is prevented by death, transfer, or other cause from concluding the trial of a suit or the hearing of any application, his successor may deal with any evidence taken down under the...
- Order 18, rule 9 - Power to examine witness immediately
(1) Where a witness is about to leave the jurisdiction of the court, or other sufficient cause is shown to the satisfaction of the court why his evidence should be taken immediately, the court may,...
- Order 18, rule 10 - Court may recall and examine witness
The court may at any stage of the suit recall any witness who has been examined, and may, subject to the law of evidence for the time being in force; put such questions to him as the court thinks fit....
- Order 18, rule 11 - Power of court to inspect
The court may at any stage of a suit inspect any property or thing concerning which any question may arise.
- Order 19, rule 1 - Power to order any point to be proved by affidavit
Any court may at any time for sufficient reason order that any particular fact or facts may be proved by affidavit, or that the affidavit of any witness may be read at the hearing, on such conditions...