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6106(Civil Litigation I)

CHAPTER VI

HEARING OF THE SUIT AND EXAMINATION OF WITNESS

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Right to begin (Order 18) Order 19 Order 20 Judgments of other Courts Different Stages of a Suit

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Key terms Assignment questions Short questions

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ORDER XVIII )

HEARING OF THE SUIT AND EXAMINATION OF WITNESSES

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Order 18,Rule 1 Right to begin.As a rule the plaintiff has to prove his case and therefore mus t

begin. But if the defendant admits the facts alleged by the plaintiff and contends that either in point of law or on some additional facts alleged by the defendant the plaintiff is not entitled to any part of the relief which he seeks, the defendant has the right to begin.

Order18,Rules 2 -Statement and Production of evidence

(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 and produce his evidence in support of the issues which he is bound to prove. ) -

(2) The other party shall then state his case and produce his evidence

(if any) and may then address the Court generally on the whole case : )

Provided that the Court may, in its discretion, call upon the other party to proceed under this sub-rule before the evidence for the party having the right to begin is complete if it considers that the other party will not be prejudiced by so proceeding and that unnecessary inconvenience and delay will thereby be avoided.

(3) ) The party beginning may then reply generally on the whole case.

Order 18, Rule 3 Evidence where several issues. Where there are several issues, the burden of proving some of which lies on the other party, the party beginning may, at his option, either produce his evidence on those issues or reserve it by way of answer to the evidence produced by the other party: and in the latter case, the party beginning may produce evidence on those issues after the other party has produced all his evidence, and the other party may then reply specially on the evidence so produced by the party beginning; but the party beginning will then be entitled to reply generally on the whole case. -

Order18,Rule 4 -Witnesses to be examined in open Court. The evidence of the witnesses in attendance shall be taken orally in open Court in the presence and under the personal direction and superintendence of the Judge.

Order18,Rule 5. How evidence shall be taken in appealable cases. In cases in which an appeal is allowed, the evidence of each witness shall be taken down in writing in the language of the Court or in English by or in the presence and under the direction and supervision of the Judge, not ordinarily in the form of question and answer, but in that of a narrative, and when completed shall be read over or translated to the witness by such person as the Judge may direct, provided that the Judge may, if he thinks fit, require the evidence to be read over in his own presence.

Such person shall, after reading over the deposition to the witness, append a certificate at the foot of the deposition form as follows:
Re ad over by me in Myanmar or (as the case may be) and acknowledged Interprete d

correct.

(Signature.) Interpreter or Clerk. The Judge shall, if necessary, correct the deposition and sign it. )

Order 18,Rule 6:-

When deposition to be interpreted

Where the evidence is taken down in a language different from that in which it is given, and the witness does not understand the language in which it is taken down, the evidence as taken down in writing shall be interpreted to him in the language in which it is given

Order 18,Rule 10:-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 pleader, take down any particular question and answer, or any objective to any question, if there appears to be any special reason for so doing.

Order 18,Rule 11:-Questions objected to and allowed by Court. Where any question put to a witness is objected to by a party or his pleader, and the court allows the same to be put, the Judge shall take down the question, the answer, the objection and the name of the person making it, together with the decision of the court thereon.

Order,18,Rule 12:-Remarks on demeanor of witnesses The Court may record such remarks as it thinks material respecting the demeanor of any witness while under examination.

Order 18,Rule 13:-

Memorandum of evidence in appealable cases.

In cases in which an appeal is not allowed, it shall not be necessary to take down the evidence of the witnesses in writing at length, but the Judge, as the examination of each witness proceeds,

shall make a memorandum of the substance of what he deposes, and such memorandum shall be written and signed by the Judge and shall form part of the records.

Order 18,Rule 14:-Judge unable to make such memorandum to record reasons of his inability (1)Where the judge is unable to make a memorandum as required by this order, he shall cause the reason of such inability to be recorded, and shall cause the memorandum to be made in writing from his dictation in open Court.

(2)Every memorandum so made shall form part of the record.

) Order 18,Rule 15:-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, his successor may deal with the evidence or memorandum taken down or made as if such evidenc e or memorandum has been taken down or made by him and proceed with the suit from the stage at which his predecessor left it. )

(2)The provisions of sub-rule (1) shall, so far as they are applicable, be deemed to apply to evidence taken in a suit transferred under section 24. ) )

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Subject to section 24 of civil Procedure code, the succeeding Judge may retry the suit, afresh. That is called do no vo trial. Order 18, Rule 16 -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, upon the application of any party or of the witness, at any time after the institution of the suit, take the evidence of such witness in manner her in before provided. )
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(2)Where such evidence is not taken forthwith and in the presence of the parties, such notice as the court thinks sufficient of the day fixed for the examination shall be given to the parties.

de-novo trial

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) (3)The evidence so taken shall be read over to the witness, and if he admits it to be correct, shall be signed by him, and the Judge shall, if necessary, correct the same, and shall sign it, and it may the n be read at any hearing of the suit. ) Order 18,Rule 17:-Court may recall and examine witness The Court may at any stage of a 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 18:-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.

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The object of local inspection is to enable the Judge to understand the evidence. The inspection should be made before arguments are heard. According to the above mentioned rule 18 the court decided about the local inspection in Ma Aye Yon Vs. Mg Po Thein Case. * " Order 18 rule 10 of the civil procedure Code allows the court to inspect the locality in which the subject matter or the suit lies. The object of the Provisions in that rule is to enable the judge to understand and follow the evidence. This rule however does not entitle the Judge to put his own view on inspection in the p lace of evidence nor does it allow him to contradict a witness. In other words, he cannot substitute his own view of the matter for evidence in the case.

6.1 ORDER XIX )

1959 BLR H.C 253.

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Affidavits

(Read with section 30 and section 139 of C.P.C) Section 30 (c) order any fact to be proved by affidavit. ) Order19,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 as the Court thinks reasonable:

Provided that where it appears to the Court that either party bona fide desires the production of a witness for cross-examination, and that such witness can be produced, an order shall not be made authorizing the evidence of such witness to be given by affidavit.

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Subject to above rule 1 of Order 19 the judge decided about the affidavit in Mrs.L.Stevenson and one Vs. Ma Hla Yin * Case. Held :"Although an affidavit ought not ordinarily to be considered as evidence, it is clearly admissible as evidence if it can brought within the purview of Order 19 of the Civil Procedure Code".

And also Bo Kyi Myint V. Controller of Rents, Yangon case, ** held that "Statements in affidavits should not be made loosely or irresponsibly. An affidavit is made on oath and as such is a solemn statement and case should be taken that loose statements are not made".

Order 19,Rule 2:- Power to order attendance of deponent for crosexamination (1)Upon any application evidence may be given by affidavit, but the Court may, at the instance of- either party, order the attendance for cross- examination of the deponent.
* **

1954 B.L.R P.179 (H.C) 1952. B.L.R. (S.C) 185.

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(2 ) Such attendance shall be in Court, unless the deponent is exempted

from personal appearance in Court, or the Court otherwise directs. )

Order 19,Rule 3:-

Matters to which affidavits shall be confined

(1) Affidavits shall be confined to such facts as the deponent is able of his own knowledge to prove, except on interlocutory applications, on which statements of his belief may be admitted provided that the grounds thereof are stated.

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(2)

The costs of every affidavit which shall unnecessarily set forth

matters of hearsay or argumentative matter, or copies of or extracts from documents, shall (unless the Court otherwise directs) be paid by the party filing the same. )

section 139. Oath on affidavit by whom to be administered In the case of any affidavit under this Code (a) (b) any Court or Magistrate, or any officer or other person whom the High Court may appoint in this behalf, or (c) any officer appointed by any other Court which the President of the Union has generally or specially empowered in this behalf, may administer the oath to the deponent. ) ) ) ) -

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6.2 ORDER XX )

JUDEMENT AND DECREE

Order 20,Rule 1:-

Judgment when pronounced.

The court, after the case has been heard, shall pronounce judgment in open Court, either at once or on some future day, of which due notice shall be given to the parties or their pleaders. -

Contents of judgment

(i)A concise statement of the case (ii) the points for determination (iii) the decision thereon (iv) the reason for such decision, (v) the date and signature of the Judge in open court at the time of pronouncing it

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(vi) where issues have been framed, the finding with reasons therefore on each separate issue shall be stated. ) ) ) ) ) )

Order 20,Rule 2:-Power to pronounce judgment written by Judge's predecessor. A judge may pronounce a judgment written but not pronounced by his predecessor.

In the case of Mg Sein Mye and one Vs: Mg Tun Pe and one * case the judge held that " the delivery of judgment, without previous notice, was illegal and as the illegal action of the officiating Judge and deprived the application of their right to apply for a certificate there was sufficient reason for granting a reviews".

6 Ran 794

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And also Hargulal Vs Abdul Gany Hajec Ishag and one ** Case. "Judgment written by ex-judge pronouncement the judgment by successor in office-Validity of judgment Judge on leave or retired Judge (Order 20, Rule 2). In Case, the judge held that - " Even after a Judge has ceased to have jurisdiction because he has retired o r has proceeded on leave or has been transferred from the court in which a trail was held he is entitled, having heard the evidence, to write and sign a judgment in the case, and his successor in his discretion may pronounce the judgment in his stead. Order 20, Rule 2 of the civil procedure Code provides that a Judge may pronounce a judgment, written but not pronounced by his predecessor, and it makes no difference whether the latter is on leave or has retired. And also, Daw Lay and 3Vs.U Mg Gyi case * the decision is "where argument were heard by one Judge who prepared the judgment and left it be pronounced by his successor, and that successor delivered the judgment under Order 20 Rule 2 of civil Procedure code and
** *

14 Ran 136 F.B 1951 BLR 34 H.C

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subsequently the same Judge became District and session Judge and in that capacity decided the appeal also . Held by the Full Bench That he was not competent to hear the appeal. The language used in Order 20 Rule 2, civil procedure code is that a judge may pronounce a judgment written but not pronounced by his predecessor. This power is discretionary, and whether a Judge should exercise such discretion is a matter depending on the facts of each case. Pronouncing a judgment is part of the tria l, and if the Judge is in doubt as to the correctness of such judgment, he an either proceed under order 18 rule 15, civil procedure Code or hear the case do no vo".

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Order 20,Rule 3:-

Judgment to be signed

The Judgment shall be dated and signed by the Judge in open Court at the time of pronouncing it and, when once signed, shall not afterwards be altered of added to, save as provided by section 152 or on reviews. -

6.3 JUDGMENTS OF OTHER COURTS

Order 20,Rule 4-(2) Judgments of other Courts Judgments of other Courts shall contain a concise statement of the case, the points for determination, the decision thereon, and the reasons for such decision. )

In the case of Mg Sa Vs. Ma U Ma and one (1 Ran 270) Case the judge held about above mentioned rule 4 of order 20. "The discretion given to the Judges of small causes Courts by order 20 rule 4(1) , should be exercised with due regard to the circumstances of each case and, except in cases of every day

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occurrence, the judgment should set out the particulars of the suit and give reasons for the decisions arrived at.

Order 20,Rule 5:-

Court to state its decision on each issue

In suits in which issues have been framed, the court shall state its finding or decision, with the reasons therefore, upon each separate issue, unless the finding upon each separate issue, unless the finding upon any one or more of the issues sufficient for the decision of the suit.

Order 20,Rule 6:Contents of decree

(1)The decree shall agree with the judgment, it shall contain the number of the suit, the names and description of the parties, and particular of the claim, and shall specify clea rly the relief granted or other determination of the suit. -

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(2) The decree shall also state the amount of costs incurred in the suit, and by whom or out of what property and in what proportion such costs are to be paid. ) (3) The Court may direct that the costs payable to one party by the other shall be set off against any sum which is admitted or found to be due from the former to the letter. )

Order 20,Rule 7:-

Date of decree

The decree shall bear date the day on which the judgment was pronounced, and, when the Judge has satisfied himself that the decree has been drawn up in accordance with the judgment, he shall sign the decree. -

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Subject to above rule 7, in U PO Than V. Ma Thit Case * the judge decided that " The date of the decree must correspond to the signing of the decree may happen to be.

Order 20,Rule 8:-Procedure where Judge has Vacated office signing decree

before

Where a Judge has vacated office after pronouncing judgment but without signing the decree, a decree drawn up in accordance with such judgment may be signed by his successor or, if the Court has ceased to exist, by the Judge or any Court to wh ich such Court was subordinate.

Order 20,Rule 9:Decree for recovery of immoveable property

Where the subject-matter of the suit is immoveable property, the decree shall contain a description of such property sufficient to identify the same, and

1930 A. I .R. Ran 67

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where such property can be identified by boundaries or by numbers in a record of settlement or survey, the decree shall specify such boundaries or numbers.

Order 20,Rule 10:Decree for delivery of moveable property

Where the suit is for moveable property, and the decree is for the delivery of such property, the decree shall also state the amount of money to be paid as an alternative if delivery cannot be had. -

In Ma Nyunt Yi and one Vs. Mg Lu Gale Case *Held that- "The mere fact that a decree for possession of moveable property drawn up under Order 20 Rules 10, civil procedure Code is defective due to the omission to state the amount of money payable in the alternative is not such as to ender it in executable under Order 21 of the Code.

1962 BLR C.C 175

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Order 20,Rule 11:-

Decree may direct payment by installments

(1)Where and in so far as a decree is for-the payment of money, the Court may for any sufficient reason at the time of passing the decree order that payment of the amount decreed shall be postponed or shall be made by installments, with or without interest, notwithstanding anything contained in the contract under which the money is payable. ) -

(2)After the passing of such money decree the Court may, on application of the Judgment debtor and with the consent of the decree holder, order that payment shall be postponed or made by installments. )

According to above rule 11, in U Ba Thwin and one Vs. U Ba Than and one case the judge decided that" where an order for payment by installments is made at the time of the passing of the

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decree under the provisions of order 20 Rule 11(1) of the civil procedure code it forms part of the decree and is appeal as such. However, when an order is made subsequent to the passing of the decree as provided for in Rule 11(2) it is an order relating to the execution, discharge or satisfactory of the decree and is there for appealable under Section 2(2) read with Section 47 of the Code. Where in a suit for the recovery of money the court passed a decree for payment of the amount claimed with a direction that the decrial amount be paid in monthly installments and where this order is sought to be assailed in a civil miscellaneous appeal. Held: That the order under consideration comes under the first category and that it can, therefore, be questioned only if the appeal is made against the decree in which it has been incorporated. ) ) ) )

Order 20,Rule 12:Decree for possession and means profits

(1)Where a suit is for the recovery of possession of immoveable property and for rent or mesne profits, the Court may pass a decree (a) for the possession of the property ;

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(b )

for the rent or mesne profits which have accrued on the property during a period prior to the institution of the suit or directing an inquiry as to such rent or mesne profits ;

(c)

directing an inquiry as to rent or mesne profits from the institution of the suit until (i) (ii) the delivery of possession to the decree-holder, the relinquishment of possession by the judgmentdebtor with notice to the decree-holder through the Court, or (iii) the expiration of three years from the date of the decree, whichever event first occurs.

- )

) )

) ) )

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(2)

Where an inquiry is directed under clause (b) or clause (c), a final

decree in respect of the rent or mesne profits shall be passed in accordance with the result of such inquiry. ) ) )

Order 20,Rule 13:-

Decree in administration suit

(1)Where a suit is for an account of any property and for its due administration number the decree of the court, the cour t shall, before passing the final decree, pass a preliminary decree, ordering such accounts and inquires to be taken and made and giving such other

directions as it thinks fit. ) -

(2) In the administration by the Court of the property of any deceased

person, if such property proves to be' insufficient for the payment in full of his

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debts and liabilities, the same rules shall be observed as to the respective rights of secured and unsecured creditors and as to debts and liabilities provable, and as to the valuation of annuities and future and contingent liabilities respectively, as may be in force for the time being within the local limits of the Court in which the administration suit is pending with respect to the estates of persons adjudged or declared insolvent ; and all persons who in any such case would be entitled to be paid out of such property may come in under the preliminary decree, and make such claims against the same as they may respectively be entitled to by virtue of this Code. )

A final decree embodying the result of such accounts and inquires, Subject to the above rule 13 of Order 20, in Daw Than Vs. Ma Mya Yi case * the judge decided that "A decree for suit for

administration and accounts for ancestral property must be passed in

1967 BLR C.C 32

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accordance with the provision of Order 20. Rule 13 and for that purpose preliminary decree must be passed firstly and there after the final decree must be followed. In what manner, the final decree has to be drawn is not specifically mentioned. But it has to be in to with the terms and conditions of the preliminary decree".

Note:- Administration Suit. When a person dies, a creditor, a legatee an executor or administrator or next-of kin of the deceased person may file a suit praying that the estate of deceased be administered by and under the directions of the court. )

Order 20,Rule 14: (1) -

Decree in Pre-emption suit

Where the Court decrees a claim to pre-emption in respect of a particular sale of property and the purchase-money has not been paid into Court, the decree shall

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(1) (a) ) (b)direct that on payment into Court of such purchase-money, together with the costs (if any) decreed against the plaintiff, on or before the day referred to in clause (a), the defendant shall deliver possession of the property to the plaintiff, whose title thereto shall be deemed to have accrued from the date of such payment, but that, if the purchase-money and the costs (if any) are not so paid, the suit shall be dismissed with costs. ) ) ) specify a day on or before which the purchase-money shall be so paid, and

(2) ) Where the Court has adjudicated upon rival claims to pre-emption, the decree shall direct, )

(a)if and in so far as the claims decreed are equal in degree, that the claim of each pre-emptor complying with the provisions of sub-rule (1) shall take effect in respect of a proportionate share of the property including any proportionate share in respect of which the claim of any pre-emptor failing to

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comply with the said provisions would, but for such default, have taken effect ; and ) )

(b) if and in so far as the claims decreed are different in degree, that the claim of the inferior pre-emptor shall not take effect unless and until the superior pre-emptor has failed to comply with the said provisions. )

Order20,Rule 15:-Decree in suit for dissolution for Partnership Where a suit is for the dissolution of a partnership, or the taking of partnership accounts, the court, before passin g a final decree may pass a preliminary decree declaring the proportionate shares of the parties, fixing the day on which the partnership shall stand dissolved or be deemed to have been dissolved, and directing such accounts to be taken and other acts to be done, as it thinks fit. In Har San Mar Mohd Vs. Moha Mahed Sir Bandar Name Case *, the judge held that. "Where a suit is for the dissolution of a
*

1963 BLR. C.C 533

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partnership according to the provisions or Order 20 Rule 15, the court may pass a preliminary decree declaring the Proportionate shares of the parties fixing the day on which the partnership shall stand dissolved and directing accounts to be taken, and other acts to be done. -

Har San Mar Mohd Vs. Moha Mahed Sir Bandar Name

Order20,Rule 16:agent

Decree in suit for account between principal and

In suit for accounts of pecuniary transaction between principal and agent, and in any other suit of like nature, the court shall pass (a) A preliminary decree directing accounts to be taken and the mode of taking it . (b) A final decree embodying the results of such accounts. - "

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Order20,Rule 17. Special directions as to accounts The Court may either by the decree directing an account to be taken or by any subsequent order give special directions with regard to the mode in which the account is to be taken or vouched, and in particular may direct that in taking the account the books of account in which the accounts in question have been kept shall be taken as prima facie evidence of the truth of the matters therein contained, with liberty to the parties interested to take such objection thereto as they may be advised. -

Order20,Rule 18:-

Decree in suit for partition of property or separate possession of a share therein.

Where the Court passes a decree for the partition of property or for the separate possession of a share therein, then,

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(1)

if and in so far as the decree relates to an estate assessed to the

payment of revenue to the Government, the decree shall declare the rights of the several parties interested in the property, but shall direct such partition or separation to be made by the Collector, or any gazetted subordinate of the Collector deputed by him in this behalf, in accordance with such declaration and with the provisions of section 54 ; )

(2)if and in so far as such decree relates to other immoveable property, or to moveable property, the Court may, if the partition or separation cannot be conveniently made without further inquiry, pass a preliminary decree declaring the rights of the several parties interested in the property and giving such further directions as may be required. )

Rule 19(1):Decree when set-off is allowed

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(1)Where the defendant has been allowed a set-off against the claim of the plaintiff, the decree shall state what amount is due to the plaintiff and what amount is due to the defendant, and shall be for the recovery of any sum which appears to be due to either party - )

(2) Appeal from decree relating to set off. Any decree passed in a suit in which a set-off is claimed shall be subject to the same provisions in respect of appeal to which it would have been subject if no set-off had been claimed. )

(3) The provisions of this rule shall apply whether the set-off is admissible under rule 6 of Order VIII or otherwise.

) )

Order20,Rule 20:-Certified Copies of the Judgment and decree to be furnished Certified copies of the judgment and decree shall be furnished to the parties on application to the court, and at their expense

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6.4

DIFFERENT STAGES OF A SUIT

(1)Institution of Suit- Every suit is to be instituted by presenting a plaint to the court or officer as it appoints in that behalf. When the plaint has been presented to a proper court, shows a cause of action, the relief is properly valued, is written on a sufficiently stamped paper and is not barred by any law the court admits the plain and then it is numbered and registered as a suit (or. 4.r.1) )

Issue and Service of Summons The next step after the admission of the plaint is for hte palintiff to apply to the court for the issue of summons to t he defendant

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to appear and answer the claim of the plaintiff. The summons has to be served in the prescribed manner. (Order 5.r.1)

Written Statement.- After the summons has been served on the defendant, the defendant may at or before the first hearing, or within such time as the court may permit, present a written statement or his defence dealing with each allegation in the plaint and stating with the respect to each allegation whether the same is admitted or

denied.(Order 8.r.1).

Discovery.-

Every party to a suit is entitled it know the nature of

his opponent's case so that he may know beforehand what case he has to meet. He is also entitled to obtain admissions from his opponent to

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facilitate the proof of the his own case. This is termed as discovery, which may be by administering interrogatories to the opponent or by requiring him to disclose the documents by affidavit. (Order 11).

First Hearing and Striking of Issues. One the day fixed in the summone for the defendant to appear and answer, the suit is heard if both the parties are present, unless the court adjourns it to a later date. (Order 9.r.1).

If neither party appears when the suit is called on for hearing the court may dismiss the suit. If the plaintiff appears and the defendant does not appear the plaintiff will be required to prove the service of summons on the defendant and on such proof of service an exparte decree may be passed on the plaintiff's proving his case.

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Where the defendant appears and the plaintiff does not appear the court may dismiss the suit, unless the defendant admits the claim.(Order 9 rule 4.8)

) At the first hearing of the case when both the parties are present the court goes through the plaint, the written statement and answers to interrogatories, if any, and then examines the parties and record their admissions and denials. Only the substance of such examination forms part of the record and is not evidence in the suit. The object of s uch examination is to ascertain from the party or his pleader which material facts in the pleading of either party are admitted or denied by the other. On such ascertainment the court strikes issues which have to be determined to dispose of the case. If it is found that the parties are not at issue on any question of law or fact, the court delivers the judgment.(Order 15.r.1)

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) ) )

Production of evidence and argument.- If however, the parties are at issue, a sis generally the case, a date is fixed for hearing when the party having the right to begin states his case and produces his

evidence in support of the issues. Then the other party states his case, produces his evidence and addresses the court on the whole case. (Order18).

) case has been heard the court may pronounce

Judgment:- After the

judgment at once or it may reserve its judgment and deliver the same on any future date.(Order 20). ) )

Decree.- After the judgment is pronounced the successful party applies to the court for the drawing up for the decree, which is drawn up by an officer of the court. (Order 20.)

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Execution.- Execution is the final state go the suit. It is the means employed in due process of law to make a decree or order of a court effective. The successful party makes an application in writing to the executing court when proceedings in execution are commenced. (Order 21) ) )

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Key terms

Burden of proving Concise statement Ex-judge Vacated Expiration Dissolution Memorandum demeanour pronounce possession administration suit next-of- kin application costs set-off witness

Assignment questions

1. Under what circumstances can a court order that the payment of the amount decreed shall be made by installments? 2. State about the 'Decree for recovery of immovable property and moveable property'.

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3. The judgment written by ex-judge and after that, the ex-judge retried and the new judge take place the ex-judge what is the validity of the pronouncement under by new judge in officer? 4. State different stages of a suit. 5 Write about" affidavits" under Order 19 of the Civil Procedure Code. 6. What do you understand about "Judgment"? 7. What do you understand about "Decree"? 8. Explain about the 'Decree in administration suit.'

Short questions 1. Write a short note on right to begin ' in order 18 of C.P.C. 2. Explain about the statement and production of Evidence. 3. Write about the Denovo-trial. 4. What is the contents of judgment? 5. What particulars are required to draw a decree? 6. Write about the "Decree in partition suit". 7. Write about the "Decree in suit for dissolution of partnership'. 8. Write a short note on decree for possession and mesne profits.

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