First Hearing under the Civil Procedure Code, 1908

First Hearing under the Civil Procedure Code, 1908

MEANING

After a suit is initiated with the plaint and a composed assertion is given by the defendant there comes a phase called First Hearing Under Civil Procedure Code, 1908. Order 14 of the Code of Civil Procedure,1908 deals with the arrangements of the first hearing. The word first hearing as such is nowhere explained in the Code; however, the strict importance of the term is the day on which the court goes into the pleadings of parties to comprehend their disputes.

While Order 10 of the Code orders the court to inspect parties to learn matters in a debate in the suit. It has been held by the Supreme Court in Arjun Khaimal Makhijani v. Jamnadas C. Tuliani (1989) 4 SCC 612; that the First hearing is the day on which the court applies its psyche to the case either for outlining issues or for taking proof.

OBJECT

Order 10

Rule 1 gives that the court will, at the first hearing of the suit, determine from each part or his pleader whether he concedes or denies such charges or facts as are made in the plaint or the composed assertion, assuming any, of the contrary party. In the wake of recording affirmations and disavowals, the court will guide the parties to the suit to privately address any outstanding issues through mediation, conciliation, intervention, or Lok Adalat. In case there is no settlement, then the case will again allude to the court.

ALTERNATIVE DISPUTE RESOLUTION

Order 10 Rules I-A, I-B, I-C as inserted to provide ways for alternative dispute resolution to get the manner settled outside the court through Conciliation, Mediation, Lok Adalat and if there is no settlement, the case will again be referred to the court.

Rule 2 further gives that to the oral assessment of parties to the suit to clarify matters in contention in the suit. The court, hence, learns with accuracy the suggestions of law or actuality on which the parties are at the difference and on such inquiries issues are needed to be outlined. The primary reason behind these principles is to comprehend and illuminate the parties about their genuine question so the territory of contention can be managed between the parties simultaneously, later on, if any party come to acknowledge these issues, it would not be astonishing to them.

ISSUES

A debate in court in which the utilization of the law is been challenged. A contested purpose of law or Question of Fact, plot in the pleadings, that is asserted by one party and denied by the other.

In theFirst Hearing Under Civil Procedure Code, 1908, the principle errand of outlining issues is finished. Issue implies a point being referred to or some significant topic of conversation. Issues are purposes of conflicting averments made by the parties and choose by the court. At the point when one actuality is declared by the party and the equivalent is denied by another, that is restrictions, such fundamentally realities, which will be called material suggestions will comprise issues.

Order X Rule 1(2) and 1(3) gives that material suggestions are those recommendations of law which a plaintiff must affirm to show an option to sue or a defendant must charge to establish his safeguard. Every material recommendation certified by one party and denied by the other will frame the topic of a particular issue.

FRAMING OF THE ISSUES

Order XIV of the Civil Procedure Code deals with the settlement of issues by the court after the suit has been brought before it. According to Rule 1, issues arise when ‘material facts’ related to the case before the courts are asserted by one part while it is falsified by the adverse party. The keyword in the above statement is that the dispute must be over “material facts” and not general facts of the case.
There can be debates between the plaintiff and the defendant on a few purposes of facts which may prompt a few lawful wounds to the plaintiff. All facts that comprise an alternate lawful activity or a particular option to sue are discrete material realities and for every material certainty, the court will outline an issue to be settled. At the removal of the case the standard under Rule 2 of this Order of the CPC that the court ought to articulate the announcement and judgment independently for each of the issues

Advertisement
DUTY OF THE COURT IN FRAMING OF ISSUES

Duty of Court—Draft issues presented by one party ought not to be precisely embraced by the Court as the judge essentially must outline the issues in the cases. Accordingly, the judge will undoubtedly apply his psyche to pleadings of the parties before outlining the issues[1].

MATERIAL FOR FRAMING THE ISSUES
  • Issues must not be unnecessarily wide and in a logical sequence.
  • Issues must be on questions of fact must be generally be put down first, then mixed questions of fact and law and issues on pure questions of law must come last.
  • Detect the Broad basic issues that arise in that type/genre of cases before examining pleadings.
  • Issues must be specific.
  • Issues must be allegations made by both parties
  • Allegations made in pleadings or answer to the interrogation and the documents produced by the parties[2].

The court under Rule 2 will condemn all issues outlined and recorded by it and in doing so it needs to offer inclination to issues of law than issues of realities and first decide

  • The jurisdiction of it to attempt the suit, and
  • Any bar to the current suit under any law

Rule 6-7 shows the court will likewise condemn in like manner on those issues of facts and additionally laws which are settled between the parties by the method of understanding executed under good faith.

OMISSION OF THE FRAME ISSUES

An omission is an irregularity which might be material one at some kind and might not be at other times, affecting the disposal of the suit on merits. On the other hand, where the parties went to trial with full knowledge about issues, they have not been prejudice and substantial justice been done in absence of any issue not fatal to the case to vitiate proceedings.

DISPOSAL OF THE SUIT

Order 15

A Court may also dispose of the suit at first hearing, on the following grounds: –

  • In case no valid applicable issue is raised under the eye of the court, Court is equipped to articulate judgment at once under Order 15 Rule 1 at the first knowing about the suit when there is no issue to be outlined on any inquiry of law or certainty. The methodology set down under Order 20 need not be continued in such a case[3].
  • If there is more than one defendant, and any of the defendants isn’t in issue for example not associated with the case documented, at that point the court may discard the suit against or for such defendant just and the suit will proceed in its standard course concerning different defendants.
  • In the case that either party neglects to create proof with no legitimate reasons, at that point the court may pass a judgment, without going any further or if 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.
  • In case some immaterial parties have been collapsed in the plaint, the court may either arrange for cancellation of such names or totally reject the suit.

First Hearing Under Civil Procedure Code, 1908

Also Read: Order 32 of Civil Procedure Code – Suits By or Against Minor or Lunatics


[1] Board of Trustees of the Port of Mormugao Vs. V.M. Salgaokar & Brothers

[2] Rule 3

[3] Desi Kedari Vs. Huzurabad Co-Operative Marketing Society Ltd, 1994 (2) ALT 539(DB),

Leave a Reply

Your email address will not be published. Required fields are marked *