Appearance of Parties and
consequences of non-appearance
(Contd.)
Where only defendant appears:-
Dismissal or decree by admission ( 8);
No fresh suit (9);
Consequence for personal non-
appearance (by either side)(12);
Ex parte hearing
When defendant does not appear after service [6(a)];
May be permitted to contest later (7);
Setting aside Ex-parte Decree (Order IX Rule 13)
Generally allowed for non- service;
Allowed in case of sufficient cause;
Terms and conditions in Court’s discretion;
Mere irregularity of service not sufficient if there was
notice and time;
Orders allowing restoration of suits and setting aside ex
parte decrees, or otherwise, are appealable;
Settlement of Issues
(Order XIV)
Issues arise when any material propositions of fact or
Law are affirmed by one party and denied by other [(R.
1)];
Issues are of two kinds (4):-
a) Issues of fact
b) Issues of Law
Issues ascertained and framed by studying variances in
the pleadings / contentions of parties;
Ubiquitous Issue:- “Is the suit
maintainable (in its present form)?”
Decisions on Issues
All issues need to be decided
[R.2(1)];
But visible preliminary issues
regarding (a) Court’s Jurisdiction or,
any (b) apparent legal bar to suit
may lead to postponement of
settlement of other issues [Rule2
(2)];
Hearing of Suits, Stages in Suit
1.
hearing/trials
Filing in Court,
2. Preliminary Scrutiny (O.VII),
3. Issuance of Summons / Notices (O. V),
4. Ascertaining Contest after Service (O.IX),
5. Completion of pleadings (WS / Replies etc.) (O.VIII),
6. Disposal of Interlocutory Applications,
7. Framing of Issues (At any stage before Final / Per emptory Hearing),
8. Discovery, inspection and admissions (O.XI);
9. Per emptory Hearing - Evidence of plaintiff to be followed by-
10. Evidence of defence side (Order XVIII);
11. Cross-examination of witnesses giving evidence in chief by way of affidavits (Post
amendment);
12. Hearing arguments after conclusion of evidence;
Hearing of Suits, Stages in Suit
hearing/trials (Contd.)
Arguments:- Not specifically laid down, but arguments
are inherent for removal of doubts and proper
adjudication;
13. Procedure of arguments generally laid down by local High
Court Rules;
14. The party completing evidence normally commences its
composite arguments;
15. The other party then replies to his opponent’s arguments;
16. The first party thereafter replies on points of law before
the matter proceeds into the court’s exclusive domain for
final decision;
17. Judgement (O.XX).
