Order X: Examination of Parties by the Court
This order pertains to the court’s role in clarifying issues by ascertaining admissions, denials, and
other relevant facts through oral examination of parties or their pleaders at the first or subsequent
hearings. Below is an explanation of each rule with examples:
Rule 1: Ascertainment of Admissions or Denials
Provision:
At the first hearing, the court determines which allegations in the plaint
or written statement are admitted or denied. These admissions and
denials are recorded to narrow down the issues for trial.
Example 1: In a property dispute, the plaintiff claims ownership, and
the defendant denies it in the written statement. The court records the
denial and frames this as a primary issue.
Example 2: If the defendant admits ownership but denies
encroachment allegations, the court narrows the issue to the
encroachment dispute.
Rule 1A: Preliminary Proceedings and Alternative Dispute Resolution (ADR)
Provision:
The court may take steps to expedite the case, such as appointing
commissions, admitting documents, or using ADR methods like
mediation or conciliation with the consent of both parties.
Example 1: In a contractual dispute, the court appoints a
commissioner to examine the validity of disputed documents before
trial.
Example 2: Both parties agree to mediation, and the court facilitates
an amicable resolution, saving time and resources.
Rule 2: Oral Examination of Parties
Provision:
At the first or subsequent hearing, the court may orally examine
parties, their pleaders, or any companion capable of answering
material questions relevant to the suit. Questions from opposing
parties may also be included.
Example 1: In a loan dispute, the court directly asks the plaintiff about
the evidence supporting the alleged loan agreement.
Example 2: The defendant's pleader is asked whether their client
acknowledges receiving the loan. If unclear, the court directs the
defendant to personally appear.
Rule 3: Substance of Examination to be Written
Provision:
The judge must reduce the substance of the examination to writing,
which becomes part of the official court record.
Example 1: The plaintiff admits during oral examination that a part of
their claim is not supported by evidence. This admission is written and
recorded.
Example 2: The defendant acknowledges partial liability during
questioning, and this acknowledgment is documented for consideration
during judgment.
Rule 4: Refusal or Inability of Pleader to Answer
Provision:
If a pleader or companion cannot or refuses to answer a material question, the court may
direct the party to appear in person. Failure to appear without a lawful excuse may result
in a judgment or adverse order.
Sub-Rules:
o (1) If the pleader or companion cannot answer critical questions,
the court may adjourn and summon the party.
o (2) Failure of the party to appear without lawful excuse may lead
to an adverse decision.
Example 1: In a fraud case, the defendant’s pleader fails to clarify key allegations. The
court adjourns and orders the defendant to appear personally for further questioning.
Example 2: The defendant ignores the court order to appear. The court, in the absence of
a valid excuse, passes a judgment against the defendant.
Key Takeaways:
1. Efficiency: Order X ensures clarity in issues and aims to expedite
proceedings.
2. Flexibility: ADR methods provide alternative ways to resolve disputes.
3. Accountability: Parties are obligated to assist the court in identifying
the core issues of the case.
4. Consequences: Non-cooperation, refusal, or inability to answer may
lead to adverse judgments or orders.
