civil procedure code, Cheat Sheet of Civil procedure

Download civil procedure code and more Cheat Sheet Civil procedure in PDF only on Docsity! ORDER III RECOGNIZED AGENTS AND PLEADERS 1. This text outlines the rules regarding appearances, applications, or actions in court. Here's a breakdown: i. General Rule: Any appearance, application, or act in court that a party is required or authorized to do by law can be done by: a. The party in person. b. The party's recognized agent. c. A pleader (lawyer) acting on the party's behalf. ii. Exception: There might be specific laws that provide otherwise, meaning there could be cases where this general rule does not apply. iii. Court's Discretion: If the court directs, the party must make the appearance in person, regardless of the general rule allowing representation by an agent or pleader. 2. The recognized agents who can represent parties in court for appearances, applications, and actions are; i. People who have been given power-of-attorney, authorizing them to represent the parties. ii. People who conduct trade or business on behalf of parties who do not live within the court's jurisdiction, but only for matters related to that trade or business, and only if no other agent has been specifically authorized to represent them. 3. If legal documents (processes) are served on a recognized agent of a party, it is considered as effective as if they were served directly on the party, unless the court decides otherwise. 4. The rules for serving legal documents on a party also apply to serving documents on their recognized agent; i. A lawyer can only act for someone in court if they have a written document signed by that person or their authorized agent. ii. This document must be filed in court and remains valid until the court allows it to be canceled in writing by the client or lawyer, or until the client or lawyer dies, or until all proceedings are finished. iii. The document covers all related court actions, including appeals, reviews, obtaining document copies, and refunds of court fees. iv. If a person appointing a lawyer can't write, the High Court can require that their mark on the document is witnessed in a specified way. v. A lawyer hired just to plead in court must file a signed memorandum stating the parties involved, the party they represent, and who authorized them to appear. This [CIVIL PROCEDURE-I ASSIGNMENT] Page 1 doesn’t apply if the lawyer is hired by another lawyer who is already authorized to act in court for that party. 5. Any legal document served on a party's lawyer, whether at their office or home, is assumed to be communicated to the party. This is true whether or not the document requires the party's personal appearance. Unless the court decides otherwise, this service is as effective as serving the document directly to the party. 6. i. In addition to the recognized agents mentioned earlier, anyone living within the court's jurisdiction can be appointed as an agent to accept legal documents. ii. This appointment can be either special (for specific purposes) or general (for all purposes) and must be made in writing, signed by the principal. The written document or a certified copy (if the appointment is general) must be filed in court. ORDER V: ISSUE AND SERVICE OF SUMMONS [CIVIL PROCEDURE-I ASSIGNMENT] Page 2 15. If the defendant cannot be located and has no authorized agent for receiving service, the summons may be served on any adult male member of the defendant's family who resides with them. It's important to note that for this rule, a servant is not considered a member of the family. 16. When the serving officer personally delivers or offers a copy of the summons to the defendant, their agent, or another person on their behalf, they must obtain the signature of that person on an acknowledgment of service attached to the original summons. 17. If the defendant, their agent, or the designated person refuses to sign the acknowledgment, or if after diligent effort the serving officer cannot locate the defendant and there is no authorized agent or other person available for service, the officer must affix a copy of the summons to the outer door or another visible part of the defendant's residence, business premises, or place where they work for profit. After doing so, the officer returns the original summons to the court where it was issued, along with a report detailing the circumstances of the service, including the name and address of any person who identified the premises and witnessed the affixing of the copy. 18. The serving officer must, in every case where the summons has been served according to rule 16, endorse or attach a return to the original summons. This return should specify the date and method of service, as well as the name and address of any person who identified the defendant and witnessed the delivery or tender of the summons. 19. When a summons is returned under rule 17, if the return has not been verified by the serving officer's affidavit, the court must verify it. The court may also examine the serving officer under oath, either itself or through another court, regarding their actions. The court may conduct further inquiry as necessary and will either confirm that the summons was served properly or order alternative service methods. 20. i. When the court believes there is reason to suspect the defendant is intentionally avoiding service, or for any other reason the summons cannot be served in the usual manner, the court may order alternative methods of service: a. Affixing a copy of the summons at a prominent place in the defendant's last known residence, business premises, or where they work for profit. b. Using electronic communication methods like telegram, fax, or email. c. Using urgent mail or public courier services. d. Making a public announcement in the defendant's locality. e. Publishing in a newspaper or other press. f. Any other method the court deems appropriate. The court may also order multiple methods simultaneously. [CIVIL PROCEDURE-I ASSIGNMENT] Page 5 ii. When service is substituted by the court's order, it is considered as effective as if the summons had been personally served on the defendant. iii. The court, when substituting service, will set a reasonable time for the defendant to appear, typically not exceeding fifteen days, depending on the circumstances of the case. 21. The court issuing a summons, whether located within or outside the province, has the authority to send the summons to any court (excluding the High Court) that has jurisdiction in the area where the defendant resides. This can be done either through one of its officers or by postal service. This ensures that the summons reaches the appropriate jurisdiction where the defendant can be legally served. 23. When a court receives a summons sent to it under the specified rule, it treats the summons as if it had been originally issued by that court. The receiving court then proceeds with the necessary legal actions related to the summons and subsequently returns the summons, along with any relevant records of its proceedings, to the court that issued the summons. This process ensures that the legal proceedings regarding the summons are properly documented and forwarded as required by law. 25. If a defendant resides outside of Pakistan and does not have an authorized agent within Pakistan to accept service of a summons, the summons must be addressed to the defendant at their place of residence abroad. The summons should then be sent to the defendant by post, provided there is postal communication between that place of residence and the location of the court issuing the summons. This ensures that the defendant abroad receives notice of the legal proceedings against them in Pakistan. 26. In cases where: i. In territories under foreign or extra-provincial jurisdiction vested in the Central Government, a Political Agent or a court has been appointed or continued with the authority to serve a summons issued by a court under this Code to a defendant residing in that foreign territory. The summons can be sent to such Political Agent or Court, either by post or through other means, for the purpose of serving it on the defendant. If the Political Agent or Court returns the summons with an endorsement signed by them or a judge confirming that the summons has been served on the defendant as required, this endorsement serves as evidence of valid service. ii. The Provincial Government, through an official notification published in the official Gazette, declares that a court situated in such a foreign territory (not established or confined in any specific jurisdiction) can serve a summons issued by a court within the province under this Code. If such a court returns the summons with an endorsement signed by a judge or another authorized officer stating that the summons has been served on the defendant as required, this endorsement is deemed to be evidence of valid service. 26-A. In cases where the defendant is a servant (excluding military, naval, or air force personnel) of any government in India, or a civil servant of a railway company or local authority in India, [CIVIL PROCEDURE-I ASSIGNMENT] Page 6 the summons along with a copy is sent to be served on the defendant. The procedure is as follows: i. If the defendant is employed in the Government of India or is a servant of a Railway in India, the summons is sent to the Secretary to the Government of India in the Ministry of Home Affairs. ii. If the defendant is employed in the government of any other state in India, or is a servant of a local authority within India, the summons is sent to the Home Secretary of that respective government, or to the Home Secretary of the government under which the local authority falls, in whose territories the local authority has its jurisdiction. 27. Service to Public Officers, Railway Company Servants, or Local Authority Servants: If the defendant is a public officer (not belonging to the armed forces of Pakistan) or a servant of a railway company or local authority, the Court may send the summons for service to the head of the office where the defendant is employed. A copy of the summons is included for the defendant to retain. 28. Service to Soldiers, Sailors, or Airmen: If the defendant is a soldier, sailor, or airman, the Court shall send the summons for service to his commanding officer. A copy of the summons is included for the defendant to retain. 29. Procedure for Service: i. When a summons is delivered or sent to any person for service under rule 24 (general rules of service), rule 27 (service to public officers, railway company servants, or local authority servants), or rule 28 (service to soldiers, sailors, or airmen), that person is obligated to serve it if possible. They must return the summons under their signature with the written acknowledgment of the defendant. The signed acknowledgment serves as evidence of service. ii. If service is not possible due to any reason, the person tasked with service must return the summons to the Court with a detailed statement explaining why service could not be completed. This statement is considered evidence of non-service. 30. Substitution of Summons with a Letter: i. The Court has the authority to substitute a summons with a letter signed by the Judge or an appointed officer if the defendant is deemed, in the opinion of the Court, to be of a rank deserving such consideration. ii. The letter substituted under sub-rule (1) must contain all the particulars required in a summons. It is treated in all respects as a summons, subject to sub-rule (3). iii. The substituted letter may be sent to the defendant by post, special messenger selected by the Court, or any other method deemed suitable by the Court. If the defendant has an agent authorized to accept service, the letter may be delivered or sent to that agent. [CIVIL PROCEDURE-I ASSIGNMENT] Page 7 iii. The provisions of section 5 of the Limitation Act 1908 (IX of 1908) shall apply to applications under sub-rule (1). 10: Procedure When Some Plaintiffs Appear and Others Do Not If there are multiple plaintiffs and one or more of them appear while the others do not, the court may, at the instance of the appearing plaintiff(s), permit the suit to proceed as if all the plaintiffs had appeared, or make such order as it thinks fit. 11: Procedure When Some Defendants Appear and Others Do Not If there are multiple defendants and one or more of them appear while the others do not, the suit shall proceed, and the court shall, at the time of pronouncing judgment, make such order as it thinks fit with respect to the defendants who do not appear. 12: Non-Appearance of Ordered Plaintiff or Defendant If a plaintiff or defendant who has been ordered to appear in person does not appear in person or show sufficient cause to the satisfaction of the court for failing to appear, he shall be subject to all the provisions of the foregoing rules applicable to plaintiffs and defendants, respectively, who do not appear. 13: Setting Aside Decree Ex Parte i. If a decree is passed ex parte against a defendant, the defendant may apply to the court that passed the decree for an order to set it aside. The court shall set aside the decree if the defendant proves that:  The summons was not duly served, or  The defendant was prevented by any sufficient cause from appearing when the suit was called on for hearing.  The court may set aside the decree upon such terms as to costs, payment into court, or otherwise as it thinks fit and shall appoint a day for proceeding with the suit. First Proviso: If the decree is of such a nature that it cannot be set aside as against the defendant alone, it may be set aside as against all or any of the other defendants as well. Second Proviso: No decree passed ex parte shall be set aside merely on the ground of any irregularity in the service of summons if the court is satisfied that the defendant had knowledge of the date of hearing in sufficient time to appear on that date and answer the claim. ii. The provisions of Section 5 of the Limitation Act, 1908 (IX of 1908), shall apply to applications under sub-rule (1). 14: Notice of Application to Set Aside Decree No decree shall be set aside on any application under Rule 13 unless notice of the application has been served on the opposite party. [CIVIL PROCEDURE-I ASSIGNMENT] Page 10 ORDER VIII WRITTEN STATEMENT AND SET-OFF 1. Filing Written Statement of Defense:  The defendant has the option to file a written statement of defense, and if required by the Court, must do so at or before the first hearing or within a time frame permitted by the Court.  Proviso: The period allowed for filing the written statement shall not usually exceed thirty days. 2. The defendant must include in their pleading all matters that demonstrate why the suit should not be maintained. This includes asserting that the transaction is legally void or voidable. Additionally, all grounds of defense that, if not raised, would result in issues of fact not directly addressed by the plaintiff’s claim must also be included. 3. A general denial of the plaintiff’s allegations is not sufficient in the written statement of defense. The defendant must specifically address each factual allegation that they do not admit to be true, except when denying damages. 4. When denying a factual allegation in the plaintiff’s claim, the defendant must provide a substantive answer rather than an evasive denial. For example, if the plaintiff alleges receiving a specific sum of money, the defendant cannot simply deny receiving that exact amount. Instead, they must deny receiving that sum or any part thereof, or specify the amount they actually received. Similarly, if there are multiple circumstances surrounding an allegation, those circumstances must also be addressed in the denial. 5. Every factual allegation made by the plaintiff in the plaint (the initial legal document outlining the claim) is considered admitted if not specifically denied or admitted by necessary implication in the defendant’s written statement of defense.  Exception: This rule does not apply when the admission involves a person under a legal disability (e.g., a minor or mentally incapacitated person).  Court Discretion: The Court has the discretion to require proof of any fact admitted by the defendant, even if it is admitted in their pleading. 6. Set-off in Suit for Recovery of Money: [CIVIL PROCEDURE-I ASSIGNMENT] Page 11 i. If the defendant in a suit for recovery of money wishes to set-off any ascertained sum of money legally recoverable from the plaintiff, and both parties fill the same character in the suit, the defendant can present a written statement of the set-off at the first hearing of the suit. This can't be done later without the Court's permission. ii. The written statement of set-off acts like a plaint in a cross-suit, allowing the Court to decide both the original claim and the set-off claim in a single judgment. iii. This rule doesn't affect the lien of any pleader on the amount decreed, regarding the costs payable under the decree. 8. Grounds of Defence Arising After Institution of Suit: Any ground of defence that arises after the institution of the suit or after the presentation of a written statement claiming a set-off may be raised by the defendant (or plaintiff, as applicable) in their subsequent written statement. 9. Subsequent Pleadings: i. No pleading subsequent to the written statement of a defendant, other than a defence to a set-off, shall be presented except with the leave of the Court and upon terms as the Court deems appropriate. ii. The Court has the discretion to require a written statement or additional written statement from any party at any time, setting a deadline for submission. 10. Consequences of Failure to Comply: If a party fails to file a required written statement within the time fixed by the Court, the Court may proceed to pronounce judgment against that party or make any other order it considers appropriate in relation to the suit. 11. Address for Service i. Every party appearing in a suit or proceeding must file a proceeding stating their address for service on or before the date specified in the summons, notice, or other process served on them. [CIVIL PROCEDURE-I ASSIGNMENT] Page 12 ORDER XI: DISCOVERY AND INSPECTION 1: Interrogatories by Leave of Court In any suit, the plaintiff or defendant may, with the leave of the Court, deliver interrogatories in writing for the examination of the opposite parties or any one or more of such parties. These interrogatories, when delivered, shall have a note at the foot stating which of the interrogatories each of the persons is required to answer. No party shall deliver more than one set of interrogatories to the same party without an order for that purpose. Interrogatories not related to any matters in question in the suit shall be deemed irrelevant, even if they might be admissible on oral cross-examination of a witness. 2: Application for Leave to Deliver Interrogatories On applying for leave to deliver interrogatories, the particular interrogatories proposed shall be submitted to the Court. The Court, in deciding upon the application, shall consider any offer made by the party sought to be interrogated to deliver particulars, make admissions, or produce documents related to the matters in question. Leave shall be granted only for such interrogatories as the Court considers necessary either for disposing fairly of the suit or for saving costs. 3: Costs of Interrogatories In adjusting the costs of the suit, inquiry shall be made, at the instance of any party, into the propriety of exhibiting interrogatories. If it is the opinion of the taxing officer or the Court that the interrogatories were exhibited unreasonably, vexatiously, or at improper length, the costs occasioned by the interrogatories and the answers thereto shall be paid by the party in fault. 4: Form of Interrogatories Interrogatories shall be in Form No. 2 in Appendix C, with such variations as circumstances may require. 5: Interrogatories to Corporations or Bodies of Persons Where any party to a suit is a corporation or a body of persons, whether incorporated or not, empowered by law to sue or be sued, any opposite party may apply for an order allowing him to deliver interrogatories to any member or officer of such corporation or body. An order may be made accordingly. 6: Objections to Answering Interrogatories Any objection to answering any interrogatory on the grounds that it is scandalous, irrelevant, not exhibited bona fide for the purpose of the suit, or that the matters inquired into are not sufficiently material at that stage, or any other ground, may be taken in the affidavit in answer. [CIVIL PROCEDURE-I ASSIGNMENT] Page 15 7: Setting Aside or Striking Out Interrogatories Interrogatories may be set aside on the grounds that they have been exhibited unreasonably or vexatiously, or struck out on the grounds that they are prolix, oppressive, unnecessary, or scandalous. An application for this purpose may be made within seven days after service of the interrogatories. 8: Answering Interrogatories Interrogatories shall be answered by affidavit to be filed within ten days or within such other time as the Court may allow. 9: Form of Affidavit in Answer An affidavit in answer to interrogatories shall be in Form No. 3 in Appendix C, with such variations as circumstances may require. 10: Sufficiency of Affidavit in Answer No exception shall be taken to any affidavit in answer. The sufficiency or otherwise of any affidavit objected to as insufficient shall be determined by the Court. 11: Order for Further Answer Where any person interrogated omits to answer or answers insufficiently, the party interrogating may apply to the Court for an order requiring him to answer or to answer further. An order may be made requiring him to answer or answer further, either by affidavit or by viva voce examination, as the Court may direct. 12: Discovery of Documents Any party may, without filing any affidavit, apply to the Court for an order directing any other party to any suit to make discovery on oath of the documents which are or have been in his possession or power relating to any matter in question therein. The Court may refuse or adjourn the application or make such order as it deems fit. 13: Affidavit of Documents 13. The affidavit to be made by a party against whom such order has been made shall specify which (if any) of the documents therein mentioned he objects to produce. It shall be in Form No. 5 in Appendix C, with such variations as circumstances may require. 14: Production of Documents 14. The Court may at any time during the pendency of any suit order the production by any party thereto, upon oath, of such of the documents in his possession or power relating to any matter in question in the suit, as the Court shall think right. 15: Notice to Produce Documents [CIVIL PROCEDURE-I ASSIGNMENT] Page 16 Every party to a suit shall be entitled to give notice to any other party to produce for inspection the documents referred to in his pleadings or affidavits. Any party not complying with such notice shall not afterwards be at liberty to put any such document in evidence on his behalf unless he satisfies the Court of a sufficient cause for not complying with such notice. 16: Form of Notice to Produce Documents Notice to any party to produce any documents referred to in his pleading or affidavits shall be in Form No. 7 in Appendix C, with such variations as circumstances may require. 17: Notice of Time for Inspection The party to whom such notice is given shall, within ten days from the receipt of such notice, deliver a notice stating a time within three days for inspection, stating which (if any) of the documents he objects to produce and on what ground. Such notice shall be in Form No. 8 in Appendix C, with such variations as circumstances may require. 18: Order for Inspection i. Where the party served with notice under Rule 15 omits to give such notice of a time for inspection or objects to give inspection, the Court may, on the application of the party desiring it, make an order for inspection. ii. Any application to inspect documents, except such as are referred to in the pleadings, particulars, or affidavits of the party against whom the application is made, shall be founded upon an affidavit showing of what documents inspection is sought and that they are in the possession or power of the other party. 19: Inspection of Business Books i. Where inspection of business books is applied for, the Court may order a copy of any entries to be furnished and verified by affidavit. Notwithstanding that a copy has been supplied, the Court may order inspection of the book from which the copy was made. ii. Where privilege is claimed for any document, the Court may inspect the document to decide the validity of the claim. iii. The Court may require any party to state by affidavit whether any specific documents are in his possession or power, and if not, when he parted with them and what has become of them. 20: Objections to Discovery or Inspection Where the party from whom discovery or inspection is sought objects, the Court may order that any issue or question in dispute be determined first and reserve the question as to the discovery or inspection. 21: Non-compliance with Order [CIVIL PROCEDURE-I ASSIGNMENT] Page 17 Any party may, at any stage of a suit, where admissions of fact have been made either on the pleadings or otherwise, apply to the Court for such judgment or order as upon such admissions he may be entitled to, without waiting for the determination of any other question between the parties. The Court may, upon such application, make such order or give such judgment as the Court may think just. 7. Evidence of Admissions An affidavit of the pleader or his clerk, of the due signature of any admissions made in pursuance of any notice to admit documents of facts, shall be sufficient evidence of such admissions, if evidence thereof is required. 8. Notice to Produce Documents Notice to produce documents shall be in Form No. 12 in Appendix C, with such variations as circumstances may require. An affidavit of the pleader or his clerk, of the service of any notice to produce, and of the time when it was served, with a copy of the notice to produce, shall in all cases be sufficient evidence of the service of the notice and of the time when it was served. 9. Costs of Unnecessary Notices If a notice to admit or produce specifies documents which are not necessary, the costs occasioned thereby shall be borne by the party giving such notice. [CIVIL PROCEDURE-I ASSIGNMENT] Page 20 ORDER XIII PRODUCTION, IMPOUNDING AND RETURN OF DOCUMENTS 1. Production of Documentary Evidence i. The parties or their pleaders shall produce, at the first hearing of the suit, all the documentary evidence of every description in their possession or power, on which they intend to rely, and which has not already been filed in Court, and all documents which the Court has ordered to be produced. ii. The Court shall receive the documents so produced, provided they are accompanied by an accurate list thereof prepared in such form as the High Court directs. iii. On production of documents under this rule, the Court may call upon the parties to admit or deny the documents produced in the Court and record their admission or denial. 2. Non-Production of Documentary Evidence No documentary evidence in the possession or power of any party which should have been but has not been produced in accordance with the requirements of rule 1 shall be received at any subsequent stage of the proceedings unless good cause is shown to the satisfaction of the Court for the non-production thereof; and the Court receiving any such evidence shall record the reasons for so doing. 3. Rejection of Irrelevant or Inadmissible Documents The Court may at any stage of the suit reject any document which it considers irrelevant or otherwise inadmissible, recording the ground of such rejection. 4. Endorsement on Documents Admitted in Evidence i. Subject to the provisions of the next following sub-rule, there shall be endorsed on every document which has been admitted in evidence in the suit the following particulars, namely: (a) the number and title of the suit, (b) the name of the person producing the document, (c) the date on which it was produced, and (d) a statement of its having been so admitted; and the endorsement shall be signed or initialed by the judge. ii. Where a document so admitted is an entry in a book, account, or record, and a copy thereof has been substituted for the original under the next following rule, the particulars [CIVIL PROCEDURE-I ASSIGNMENT] Page 21 aforesaid shall be endorsed on the copy and the endorsement thereon shall be signed or initialed by the Judge. 5. Admission of Entries in Books, Accounts, or Records i. Save in so far as is otherwise provided by the Banker's Books Evidence Act, 1891, where a document admitted in evidence in the suit is an entry in a letter-book or a shop- book or other account in current use, the party on whose behalf the book or account is produced may furnish a copy of the entry. ii. Where such a document is an entry in a public record produced from a public office, or by a public officer, or an entry in a book or account belonging to a person other than a party on whose behalf the book or account is produced, the Court may require a copy of the entry to be furnished a. where the record, book, or account is produced on behalf of a party, then by that party, b. where the record, book, or account is produced in obedience to an order of the Court acting of its own motion, then by either or any party. iii. Where a copy of an entry is furnished under the foregoing provisions of this rule, the Court shall, after causing the copy to be examined, compared, and certified in manner mentioned in rule 17 of Order VII, mark the entry and cause the book, account, or record in which it occurs to be returned to the person producing it. 6. Endorsement on Rejected Documents Where a document relied on as evidence by either party is considered by the Court to be inadmissible in evidence, there shall be endorsed thereon the particulars mentioned in clauses (a), (b), and (c) of rule 4, sub-rule (1), together with a statement of its having been rejected, and the endorsement shall be signed or initialed by the Judge. 7. Formation of Record of Admitted Documents i. Every document which has been admitted in evidence or a copy thereof, where a copy has been substituted for the original under rule 5, shall form part of the record of the suit. ii. Documents not admitted in evidence shall not form part of the record and shall be returned to the persons respectively producing them. 8. Impounding Documents Notwithstanding anything contained in rule 5 or rule 7 of this Order or in rule 17 of Order VII, 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 officer of the Court for such period and subject to such conditions as the Court thinks fit. 9. Return of Documents i. 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 8, be entitled to receive back the same, - [CIVIL PROCEDURE-I ASSIGNMENT] Page 22 Where the Court is of opinion that the issues cannot be correctly framed without the examination of some person not before the Court or without the inspection of some document not produced in the suit, it may adjourn the framing of the issues to a future day, and may (subject to any law for the time being in force) compel the attendance of any person or the production of any document by the person in whose possession or power it is by summons or other process. 5. Amendment and Striking Out of Issues i. The Court may at any time before passing a decree amend the issues or frame additional issues on such terms as it thinks fit. All such amendments or additional issues as may be necessary for determining the matters in controversy between the parties shall be so made or framed. ii. The Court may also, at any time before passing a decree, strike out any issues that appear to it to be wrongly framed or introduced. 6. Agreed Issues Where the parties to a suit are agreed as to the question of fact or of law to be decided between them, they may state the same in the form of an issue, and enter into an agreement in writing that, upon the finding of the Court in the affirmative or the negative of such issue: a. A sum of money specified in the agreement or to be ascertained by the Court, or in such manner as the Court may direct, shall be paid by one of the parties to the other of them, or that one of them be declared entitled to some right or subject to some liability specified in the agreement; b. Some property specified in the agreement and in dispute in the suit shall be delivered by one of the parties to the other of them, or as that other may direct; or c. One or more of the parties shall do or abstain from doing some particular act specified in the agreement and relating to the matter in dispute. 7. Procedure for Recording and Trying Agreed Issues 7. Where the Court is satisfied, after making such inquiry as it deems proper: a. That the agreement was duly executed by the parties; b. That they have a substantial interest in the decision of such question as aforesaid, and c. That the same is fit to be tried and decided, it shall proceed to record and try the issue and state its finding or decision thereon in the same manner as if the issue had been framed by the Court; and shall, upon the finding or decision on such issue, pronounce judgment according to the terms of the agreement; and, upon the judgment so pronounced, a decree shall follow. [CIVIL PROCEDURE-I ASSIGNMENT] Page 25 ORDER XV: DISPOSAL OF THE SUIT AT THE FIRST HEARING 1) Pronouncement of Judgment When No Issues Exist 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. 2) Judgment for or Against Defendants Not at Issue 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. 3) Decision of Suit on Issues Framed i. 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: Provided that, where the summons has been issued for the settlement of issues only, the parties or their pleaders are present and none of them objects. ii. Where the finding is not sufficient for the decision, the Court shall postpone the further hearing of the suit, and shall fix a day for the production of such further evidence, or for such further argument as the case requires. 4) Failure to Produce Evidence at Final Disposal 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. [CIVIL PROCEDURE-I ASSIGNMENT] Page 26 ORDER XVI SUMMONING AND ATTENDANCE OF WITNESSES 1) Presentation of List of Witnesses: Within seven days after the settlement of issues in a suit, parties must submit a list of witnesses they intend to call to give evidence or produce documents in court. This list must be accompanied by a certificate of readiness to produce evidence. 2) Permission to Call Witnesses: Parties are generally not allowed to call witnesses other than those listed without the permission of the Court. If a party seeks to call additional witnesses, they must show good cause for this request, and the Court must record reasons for granting or denying such permission. 3) Obtaining Summons for Witnesses: Parties can apply to the Court or its appointed officer to obtain summonses for persons whose attendance is required in court. This application must be made sufficiently in advance (at least fourteen days before the hearing date) and must include the necessary expenses for summoning such persons. 4) Payment of Expenses for Summoned Persons: The party applying for a summons must pay into the Court a sum of money considered sufficient by the Court to cover the travelling and other expenses of the summoned person. This payment must be made before the summons is issued. 5) Remuneration for Expert Witnesses: Expert witnesses summoned to give evidence may receive reasonable remuneration for their time spent giving evidence and performing any necessary expert work related to the case. [CIVIL PROCEDURE-I ASSIGNMENT] Page 27 ORDER XVIII HEARING OF THE SUIT AND EXAMINATION OF WITNESSES These rules pertain to the procedure for presenting evidence and conducting hearings in civil suits. Here’s a breakdown of the key points covered in these rules: 1) Right to Begin: The plaintiff generally has the right to present their case first, unless the defendant admits the facts but contests the plaintiff's entitlement to relief, in which case the defendant begins. 2) Presentation of Case: The party with the right to begin states their case first, presents evidence to support the issues they need to prove. The opposing party then states their case, presents their evidence (if any), and addresses the court on the entire case. The party who began may then reply to the case presented by the opposing party. 3) Handling of Issues: If there are multiple issues, the party beginning can choose to present evidence on those issues or reserve their evidence until after the opposing party has presented theirs. This allows flexibility in strategy depending on the case's progression. 4) Oral Evidence in Court: Witness testimony is taken orally in open court under the direct supervision of the judge. 5) Recording of Evidence: In cases where an appeal is allowed, witness testimony is recorded in writing in the language of the court, typically as a narrative rather than question-answer format. The judge verifies and signs this record. 6) Interpreting Evidence: If a witness speaks a language different from the court's language, the written record of their testimony is interpreted back to them in their language for verification. 7) Memorandum of Evidence: [CIVIL PROCEDURE-I ASSIGNMENT] Page 30 In cases where an appeal is not allowed, a summary memorandum of witness testimony suffices, signed by the judge and forming part of the court record. 8) Continuity in Case of Judge's Inability: If the judge cannot record evidence personally, the reasons are noted, and a record is made from the judge's dictation in open court. 9) Succession of Judges: If a judge handling a case is replaced due to reasons like transfer or death, the succeeding judge can continue the case from the stage left by their predecessor, using the recorded evidence and memoranda. 10) Urgent Evidence Taking: The court can take immediate evidence if a witness is leaving jurisdiction or for other valid reasons, ensuring notice to all parties. 11) Recalling Witnesses and Inspecting Property: The court has the authority to recall witnesses at any stage and inspect relevant properties or items related to the case. These rules ensure a structured and fair process for presenting evidence and conducting hearings, facilitating the orderly resolution of civil disputes in court. [CIVIL PROCEDURE-I ASSIGNMENT] Page 31 ORDER XIX AFFIDAVITS These rules govern the use of affidavits as evidence in legal proceedings: 1) Use of Affidavits for Evidence: Courts have the discretion to allow certain facts to be proved by affidavit, or to permit the affidavit of a witness to be read during the hearing, under reasonable conditions. However, if either party genuinely wishes to cross-examine a witness and that witness is available, the court should not permit their evidence to be given solely by affidavit. 2) Giving Evidence by Affidavit: Upon application, evidence can be presented in the form of an affidavit. Either party can request the presence of the deponent (the person who made the affidavit) for cross-examination. The deponent is generally required to appear in court for cross-examination, unless exempted or the court directs otherwise. 3) Contents of Affidavits: Affidavits must be based on facts within the personal knowledge of the deponent, except on interlocutory applications where statements of belief may be accepted, provided the grounds for such belief are stated. Affidavits should not include hearsay or argumentative content unnecessarily. The party filing an affidavit that includes hearsay, argumentative content, or unnecessary copies of documents may be required to bear the costs associated with filing such an affidavit, unless the court decides otherwise. These rules ensure that affidavits are used appropriately to support the legal process, balancing convenience with the principles of fairness and the right to cross-examine witnesses in contentious matters. [CIVIL PROCEDURE-I ASSIGNMENT] Page 32