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Orders XIV/14  to XX/20  with MCQs

Order XIV: Settlement of Issues and Determination of Suit on Issues of Law

Rule 1: Framing of Issues

• Issues arise when a material proposition of fact or law is affirmed by one party and denied by the other.
• The Court is responsible for framing issues based on pleadings, witness statements, or any material on record.

Rule 2: Court to Pronounce Judgment on All Issues

• The Court must decide all issues unless a pure question of law can dispose of the suit entirely.
• If a question of law is sufficient, the Court can decide that issue first, as per

Rule 3: Materials from Which Issues May Be Framed

• Issues can be framed based on:
• Pleadings
• Examination of witnesses
• Documents produced

Rule 5: Power to Amend and Strike Out Issues

• The Court has the discretion to amend or strike out issues at any stage if it is necessary for the proper determination of the suit.

Order XIV: Settlement of Issues and Determination of Suit on Issues of Law

1. Ramrameshwari Devi & Ors vs Nirmala Devi & Ors (2011)
• Citation: (2011) 8 SCC 249

Summary: The Supreme Court emphasized the necessity for courts to frame issues properly to avoid unnecessary delays in civil litigation. The judgment highlighted that courts should pronounce judgments on all issues, even if a case can be disposed of on a preliminary issue, as per Order XIV Rule 2 CPC.

Link -   https://indiankanoon.org/doc/183635/?utm

1. Salem Advocate Bar Association v. Union of India (2005)
• Citation: (2005) 6 SCC 344
• Summary: This landmark judgment upheld the constitutional validity of the 2002 amendments to the CPC, which aimed to expedite the litigation process. The Supreme Court underscored the importance of Alternative Dispute Resolution (ADR) mechanisms and case management to reduce delays in civil proceedings.
• Link - https://indiankanoon.org/doc/342197/

Order XV: Disposal of the Suit at the First Hearing

Rule 1: Parties Not at Issue

• If at the first hearing, it is found that parties do not contest any fact, the Court can pronounce judgment immediately.

Rule 2: One of Several Defendants Not at Issue

• If one defendant admits the claim and the others contest, judgment can be passed against the admitting defendant.

Rule 3: Parties at Issue

• If all parties are at issue, the case proceeds to trial.

Order XV: Disposal of the Suit at the First Hearing

1. Balraj Taneja & Anr. v. Sunil Madan & Anr. (1999)
• Citation: (1999) 8 SCC 396
• Summary: The Supreme Court held that if, at the first hearing, it is found that the parties are not at issue on any question of law or fact, the court can pronounce judgment immediately, as per Order XV Rule 1 CPC. This provision aims to prevent unnecessary prolongation of suits where no real dispute exists.
• Link - https://indiankanoon.org/doc/182831/

Order XVI: Summoning and Attendance of Witnesses

Rule 1: List of Witnesses and Summons to Witnesses

• Parties must submit a list of witnesses before the hearing.
• The Court may issue summons for their appearance.

Rule 1A: Production of Witnesses Without Summons

• Parties can produce their witnesses without formal summons.

Rule 2: Expenses of Witness to be Paid Into Court on Applying for Summons

• Witness expenses must be deposited in advance.

Rule 10: Procedure Where Witness Fails to Comply with Summons

• The Court may issue warrants if a witness fails to appear.

Recent Judgment: Ram Singh v. State of Punjab (2023) upheld that a witness cannot avoid appearing despite repeated summons.

Order XVI: Summoning and Attendance of Witnesses

1. K.K. Velusamy v. N. Palanisamy (2011)
• Citation: (2011) 11 SCC 275
• Summary: The Court clarified the discretionary power of the court to permit parties to produce witnesses or evidence at any stage, even if not listed earlier, to meet the ends of justice. This aligns with the provisions under Order XVI of the CPC.
• Link - https://indiankanoon.org/doc/1126109/

Order XVII: Adjournments

Rule 1: Court May Grant Time and Adjourn Hearing

• The Court can grant adjournments but must record reasons.
• Frequent adjournments should be avoided.

Rule 2: Procedure if Parties Fail to Appear on the Day Fixed

• If neither party appears, the suit may be dismissed.
• If the plaintiff alone appears, the Court may proceed ex parte.

Rule 3: Court May Proceed Notwithstanding Either Party Fails to Produce Evidence

• The Court can decide the suit if a party does not produce evidence without a valid reason.

Order XVII: Adjournments

1. Shiv Cotex v. Tirgun Auto Plast P. Ltd. (2011)
• Citation: (2011) 9 SCC 678
• Summary: The Supreme Court observed that frequent adjournments impede the course of justice and emphasized that courts should be cautious while granting adjournments. Order XVII Rule 1 CPC mandates that adjournments should only be granted for sufficient cause and reasons must be recorded.
• Link- https://indiankanoon.org/doc/872844/

Order XVIII: Hearing of the Suit and Examination of Witnesses

Rule 1: Right to Begin

• The plaintiff generally presents evidence first.

Rule 2: Statement and Production of Evidence

• Evidence must be produced before cross-examination begins.

Rule 3: Evidence Where Several Issues

• Parties must present evidence relevant to specific issues.

Rule 4: Recording of Evidence

• Evidence is recorded in writing or electronically.

Rule 17: Court May Recall and Examine Witness

• The Court can recall a witness if necessary for justice.

Order XVIII: Hearing of the Suit and Examination of Witnesses

1. Ameer Trading Corporation Ltd. v. Shapoorji Data Processing Ltd. (2004)
• Citation: (2004) 1 SCC 702
• Summary: The Supreme Court held that the right to begin leading evidence lies with the party on whom the burden of proof rests. This is in accordance with Order XVIII Rule 1 CPC, which outlines the sequence of presenting evidence.
• Link - https://indiankanoon.org/doc/1199911/

Order XIX: Affidavits

Rule 1: Power to Order Any Point to Be Proved by Affidavit

• The Court can accept affidavits as evidence except where oral evidence is mandatory.

Rule 2: Power to Order Attendance of Deponent for Cross-Examination

• If a party challenges an affidavit, the deponent may be required for cross-examination.

Rule 3: Matters to Which Affidavits Shall Be Confined

• Affidavits should only contain facts known to the deponent.

Order XIX: Affidavits

1. M/s Sukhwinder Pal Bipan Kumar v. State of Punjab (1982)
• Citation: AIR 1982 SC 65
• Summary: The Court elucidated that affidavits can be used as evidence only if the court orders, and the deponent must confine the affidavit to facts within their knowledge, as stipulated in Order XIX Rules 1 and 3 CPC.
• Link - https://indiankanoon.org/doc/1887494/

Order XX: Judgment and Decree

Rule 1: Judgment When Pronounced

• The Court must pronounce judgment in open court.

Rule 3: Judgment to Be Signed

• The judgment must be signed by the judge.

Rule 6: Contents of Decree

• A decree must clearly state reliefs granted.

Rule 6A: Preparation of Decree

• The decree must be drawn up within 15 days of judgment.

Order XX: Judgment and Decree

1. Vinod Kumar Singh v. Banaras Hindu University (1988)
• Citation: (1988) 1 SCC 80
• Summary: The Supreme Court emphasized that judgments must be pronounced in open court and signed by the judge, as mandated by Order XX Rules 1 and 3 CPC. This ensures transparency and authenticity in judicial proceedings.
• Link - https://indiankanoon.org/doc/1758927/

Multiple-Choice Questions (MCQs)

1. Under Order XIV, Rule 2, the Court may decide a case on a pure question of law if: a) The parties agree on it b) The Court is satisfied it will dispose of the suit c) It involves a minor legal question d) The plaintiff insists on it

Answer: (b) The Court is satisfied it will dispose of the suit

2. Which rule under Order XV allows a suit to be disposed of if there is no contest between the parties? a) Rule 1
   b) Rule 2
   c) Rule 3
   d) Rule 5

Answer: (a) Rule 1

3. Under Order XVI, Rule 10, if a witness fails to appear despite a summons, the Court can: a) Ignore their testimony b) Issue a bailable warrant c) Issue a non-bailable warrant d) Adjourn the case indefinitely

Answer: (b) Issue a bailable warrant

4. Order XVII, Rule 1 states that adjournments should be granted: a) Freely as per parties' requests b) Only with recorded reasons c) Automatically whenever requested d) Only once

Answer: (b) Only with recorded reasons

5. Order XX, Rule 6 mandates that a decree must be drawn up within: a) 7 days
   b) 15 days
   c) 30 days
   d) 60 days

Answer: (b) 15 days

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