نگھت بی بی سینئر سول جج (جوڈیشل) NIGHAT BIBI,
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نگھت بی بی سینئر سول جج (جوڈیشل) NIGHAT BIBI, SENIOR CIVIL JUDGE (JUDICIAL), MANSEHRA Code of Civil Procedure Management Rules-2018 C.P.C. The Code of Civil Procedure 1908 prescribes procedure for proceedings in civil cases. The Code is in
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01
نگھت بی بی
سینئر سول جج (جوڈیشل) NIGHAT BIBI,
SENIOR CIVIL JUDGE (JUDICIAL), MANSEHRA<br>
سینئر سول جج (جوڈیشل) NIGHAT BIBI,
SENIOR CIVIL JUDGE (JUDICIAL), MANSEHRA<br>
02
Code of Civil Procedure Management Rules-2018<br>
03
C.P.C. The Code of Civil Procedure 1908 prescribes procedure for proceedings in civil cases. The Code is in two parts i.e. Sections, which contain the basic and. fundamental principles and can be amended only by the legislature, and Schedules, which contain rules of procedure and can be amended by the High Court. The Code is indeed a consolidating statute, prescribing detailed procedure for instituting suit (meaning who may file a suit, how and where), pleadings (filing plaints/written statements, their form and particulars), proceedings, writing of judgment and execution of decrees, etc. The Code has been reviewed from time to time and its provisions amended to keep pace with time and changing condition of the society.<br>
04
Establishing an early control of the Court over the case for proper management
Delay reduction, expeditious disposal of the cases
Determination of issue of law in first instance
Diminish the false and frivolous cases
Proceedings of genuine cases
To dig out cases where parties not at issue
To reduce burden of pendency on courts (Impleadment in final order)
Jurisdiction matter after 5 years
Justice on time: as justice delayed is justice denied
Chances of settlement available need to avail in initial stage and to resolve controversy
To make Judge / Counsel even litigants aware from facts / relief of the suit
Provisions available in Code however amendment is just to represent the same in innovative shape.<br>
Delay reduction, expeditious disposal of the cases
Determination of issue of law in first instance
Diminish the false and frivolous cases
Proceedings of genuine cases
To dig out cases where parties not at issue
To reduce burden of pendency on courts (Impleadment in final order)
Jurisdiction matter after 5 years
Justice on time: as justice delayed is justice denied
Chances of settlement available need to avail in initial stage and to resolve controversy
To make Judge / Counsel even litigants aware from facts / relief of the suit
Provisions available in Code however amendment is just to represent the same in innovative shape.<br>
05
High Court Rules and Orders Volume 1 Chapter 1 Part C
1. Examination.--On the presentation or receipt of a plaint, the Court should examine it with special reference to the following points;
(I) whether the plaint contains the particulars specified in Order VII, Rule 1, and conforms to the other rules of pleadings in Order VI and VII and rules made by the High Court thereunder;
(II) whether there is, prima facie, any non-joinder or misjoinder of parties, or mis-joinder of causes of action;
(III) whether any of the parties to the suit are, minors and, if, so, whether they are properly represented as laid down in Chapter 1- N (d) of this value;
(IV) whether the plaint is duly signed and verified;
(V) whether the suit is within the jurisdiction to proper Court (Order VII, Rule 10);
(VI) whether the plaint is liable to be rejected for any of the reasons given in Order VII Rule 11;
(VII) whether the documents attached to the plaint (if any) are accompanied by lists in the prescribed form and are in order;
(VIII) whether the plaintiff has filed a proceeding containing his address for service during the litigation as required by Rule 19 of Order VII as framed by the High Court.
(IX) Whether the plaint is accompanied by a statement giving the list: and, addresses of the legal representatives .and at the person Who in the. event of death of the plaintiff shall, intimate such fact to the Court. (Order VII, Rule 26; C.P.C.);
(X) whether the plaint is accompanied by as many copies on plain paper of the plaint as there are defendant in his two extra copies; and draft forms of summons and fees for the service thereof (Order VII, Rule 9(I-A) CPC);
(XI) whether the suit is not barred by time, and if prima facie it is so barred, whether the plaint shows the ground on which exemption is claimed (Order VII, Rule 6);
(XII) whether the plaint is accompanied by as many registered envelopes (acknowledgement due) as the number of defendants for simultaneous service of the summons through post (Order V, Rule 10-A)].<br>
1. Examination.--On the presentation or receipt of a plaint, the Court should examine it with special reference to the following points;
(I) whether the plaint contains the particulars specified in Order VII, Rule 1, and conforms to the other rules of pleadings in Order VI and VII and rules made by the High Court thereunder;
(II) whether there is, prima facie, any non-joinder or misjoinder of parties, or mis-joinder of causes of action;
(III) whether any of the parties to the suit are, minors and, if, so, whether they are properly represented as laid down in Chapter 1- N (d) of this value;
(IV) whether the plaint is duly signed and verified;
(V) whether the suit is within the jurisdiction to proper Court (Order VII, Rule 10);
(VI) whether the plaint is liable to be rejected for any of the reasons given in Order VII Rule 11;
(VII) whether the documents attached to the plaint (if any) are accompanied by lists in the prescribed form and are in order;
(VIII) whether the plaintiff has filed a proceeding containing his address for service during the litigation as required by Rule 19 of Order VII as framed by the High Court.
(IX) Whether the plaint is accompanied by a statement giving the list: and, addresses of the legal representatives .and at the person Who in the. event of death of the plaintiff shall, intimate such fact to the Court. (Order VII, Rule 26; C.P.C.);
(X) whether the plaint is accompanied by as many copies on plain paper of the plaint as there are defendant in his two extra copies; and draft forms of summons and fees for the service thereof (Order VII, Rule 9(I-A) CPC);
(XI) whether the suit is not barred by time, and if prima facie it is so barred, whether the plaint shows the ground on which exemption is claimed (Order VII, Rule 6);
(XII) whether the plaint is accompanied by as many registered envelopes (acknowledgement due) as the number of defendants for simultaneous service of the summons through post (Order V, Rule 10-A)].<br>
06
High Court Rules and Orders Volume 1 Chapter 1 Part D
Summons for final disposal or settlement of issues.--In Order V, Rule 5, of the Code of Civil Procedure, it is laid down that the Court shall determine, at the time of issuing the summons, whether it shall, be for the settlement of issues only, or for the final disposal of the suit, and the summons shall contain a direction accordingly; and a proviso to the rule adds that in every suit heard by a Court of Small Causes the summons must be for the final disposal of the suit.
When summons for final disposal may issue.--In determining whether the summons shall be for the settlement of issues only, or for the final disposal of the case, the Court must be guided by the nature of the suit, and the probability or otherwise of the facts stated in the plaint being disputed by the defendant on grounds which will require the production of much evidence or will involve much contention. Where the case appears simple, and it seems probable that a correct judgment can be formed at the first hearing from the examination of the parties or their agents, and such evidence, oral or documentary, as they can bring with them, the summons should be for the final disposal of the case.<br>
Summons for final disposal or settlement of issues.--In Order V, Rule 5, of the Code of Civil Procedure, it is laid down that the Court shall determine, at the time of issuing the summons, whether it shall, be for the settlement of issues only, or for the final disposal of the suit, and the summons shall contain a direction accordingly; and a proviso to the rule adds that in every suit heard by a Court of Small Causes the summons must be for the final disposal of the suit.
When summons for final disposal may issue.--In determining whether the summons shall be for the settlement of issues only, or for the final disposal of the case, the Court must be guided by the nature of the suit, and the probability or otherwise of the facts stated in the plaint being disputed by the defendant on grounds which will require the production of much evidence or will involve much contention. Where the case appears simple, and it seems probable that a correct judgment can be formed at the first hearing from the examination of the parties or their agents, and such evidence, oral or documentary, as they can bring with them, the summons should be for the final disposal of the case.<br>
07
SUMMONS FOR DISPOSAL OF SUIT. (O. 5, r. 1, 5)
(Title)
To
[Name, description and place of residence]
WHEREAS ;
has instituted a suit against you for________you are hereby summoned to appear in this court in person or by a pleader duly instructed, and able to answer all material questions relating to the suit, or who shall be accompanied by some person able to answer all such questions, on the day of 20 , at ________ o'clock in the noon, to answer the claim; and as the day fixed for your appearance is appointed for the final, disposal of the suit, you must be prepared to produce on that day all the witnesses upon whose evidence and all the documents upon which you intend to rely in support of your defence.
Take notice that, in default of your appearance on the day before mentioned the suit will be heard and determined in your absence.
GIVEN under my hand and the seal of the Court, this____day of____20
Judge
NOTICE.1.
Should you apprehend your witnesses will not attend of their own accord, you can have a summons from this Court to compel the attendance of any witness, and the production of any document that you have a right to call upon the witness to produce, on applying to the Court and on depositing the necessary expenses.
2. If you admit the claim, you should pay the money into Court together with the costs of the suit, to avoid execution of the decree, which may be against your person or property, or both.
Also take notice that in default of your filing an address for service on or before the date mentioned you are liable to have your defence struck off<br>
(Title)
To
[Name, description and place of residence]
WHEREAS ;
has instituted a suit against you for________you are hereby summoned to appear in this court in person or by a pleader duly instructed, and able to answer all material questions relating to the suit, or who shall be accompanied by some person able to answer all such questions, on the day of 20 , at ________ o'clock in the noon, to answer the claim; and as the day fixed for your appearance is appointed for the final, disposal of the suit, you must be prepared to produce on that day all the witnesses upon whose evidence and all the documents upon which you intend to rely in support of your defence.
Take notice that, in default of your appearance on the day before mentioned the suit will be heard and determined in your absence.
GIVEN under my hand and the seal of the Court, this____day of____20
Judge
NOTICE.1.
Should you apprehend your witnesses will not attend of their own accord, you can have a summons from this Court to compel the attendance of any witness, and the production of any document that you have a right to call upon the witness to produce, on applying to the Court and on depositing the necessary expenses.
2. If you admit the claim, you should pay the money into Court together with the costs of the suit, to avoid execution of the decree, which may be against your person or property, or both.
Also take notice that in default of your filing an address for service on or before the date mentioned you are liable to have your defence struck off<br>
08
SUMMONS FOR SETTLEMENT OF ISSUES, (O. 5, rr. 1, 5)
(Title)
To
[Name, description and place of residence]
WHEREAS
has instituted a suit against you for_____ you are hereby summoned to appear in this court in person, or by a pleader duly instructed, and able to answer all material questions relating to the suit, or who shall be accompanied by some person able to answer all such questions, on the day of___20 , at___o' clock in the noon, to answer the claim; and you are directed to produce on that day all the documents upon which you intend to rely in support of your defence 1[and to file on or before that date your written statement].
Take notice that, in default of your appearance on the day before mentioned, the suit will be heard and
determined in your absence.
GIVEN under my hand and the seal of the Court, this____ day___of___20
Judge.
NOTICE.1.
Should you apprehend your witnesses will not attend of their own accord, you can have a summons from this Court to compel the attendance of any witness, and the production of any document that you have a right to call upon the witness to produce, on applying to the Court and on depositing the necessary expenses.
2. If you admit the claim, you should pay the money into Court together with the costs of the suit, to
avoid execution of the decree, which may be against your person or property, or both.<br>
(Title)
To
[Name, description and place of residence]
WHEREAS
has instituted a suit against you for_____ you are hereby summoned to appear in this court in person, or by a pleader duly instructed, and able to answer all material questions relating to the suit, or who shall be accompanied by some person able to answer all such questions, on the day of___20 , at___o' clock in the noon, to answer the claim; and you are directed to produce on that day all the documents upon which you intend to rely in support of your defence 1[and to file on or before that date your written statement].
Take notice that, in default of your appearance on the day before mentioned, the suit will be heard and
determined in your absence.
GIVEN under my hand and the seal of the Court, this____ day___of___20
Judge.
NOTICE.1.
Should you apprehend your witnesses will not attend of their own accord, you can have a summons from this Court to compel the attendance of any witness, and the production of any document that you have a right to call upon the witness to produce, on applying to the Court and on depositing the necessary expenses.
2. If you admit the claim, you should pay the money into Court together with the costs of the suit, to
avoid execution of the decree, which may be against your person or property, or both.<br>
09
High Court Rules and Orders Volume 1 Chapter 1 Part E
When written statements required.--It is laid down in Order VIII Rule I, of the Code of Civil Procedure, that a defendant may, and if so required by the Court, shall, at or before the first hearing or within such time as the Courts may permit, present a written statement of his defence. Ordinarily it is advisable to require such a written statement and the Court should at the time of issuing the summons call for a written statement from the defendant on the date fixed for his appearance. In most cases, there should be no difficulty in presenting such a written statement on the date fixed, and no adjournment should be given of the purpose except for good Cause shown and in proper cases, costs should be awarded to the opposite side. Laxity in granting adjournment for the purpose of filing written statements should be avoided, and it should be noted that in extreme cases contumacious refusal to comply with the Court’s order is liable to be dealt with under Order VIII Rule 10, Civil Procedure Code.
1 [according to the proviso to Rule I of Order VIII, the period to be allowed for filing of the written statement shall not, ordinarily, exceed thirty days.]
.<br>
When written statements required.--It is laid down in Order VIII Rule I, of the Code of Civil Procedure, that a defendant may, and if so required by the Court, shall, at or before the first hearing or within such time as the Courts may permit, present a written statement of his defence. Ordinarily it is advisable to require such a written statement and the Court should at the time of issuing the summons call for a written statement from the defendant on the date fixed for his appearance. In most cases, there should be no difficulty in presenting such a written statement on the date fixed, and no adjournment should be given of the purpose except for good Cause shown and in proper cases, costs should be awarded to the opposite side. Laxity in granting adjournment for the purpose of filing written statements should be avoided, and it should be noted that in extreme cases contumacious refusal to comply with the Court’s order is liable to be dealt with under Order VIII Rule 10, Civil Procedure Code.
1 [according to the proviso to Rule I of Order VIII, the period to be allowed for filing of the written statement shall not, ordinarily, exceed thirty days.]
.<br>
10
Or-------00
00.00.0000
Parties present. Written Statement submitted by defendants. Copy of the same handed over to plaintiff. As per Order IX-A (Rule 1 sub rule 3) Rule 2 and 5 CPC proforma A and D as specified in fifth schedule of Civil Procedure Code provided to parties and ______DATE_______ at 08:30 hours is fixed for first conference and scheduling regarding management and disposal of miscellaneous applications and mode of settlement. Therefore, to come up for settlement or on date after consultation with the parties or their counsels date schedule shall be fixed for filing any miscellaneous applications, replies of those applications and arguments and order, in order to streamline the process of proceedings of court in the mandate of Order IX-A CPC.
File to come up for 1st case management and scheduling conference on ___________
Signature & Stamp of Presiding Officer<br>
00.00.0000
Parties present. Written Statement submitted by defendants. Copy of the same handed over to plaintiff. As per Order IX-A (Rule 1 sub rule 3) Rule 2 and 5 CPC proforma A and D as specified in fifth schedule of Civil Procedure Code provided to parties and ______DATE_______ at 08:30 hours is fixed for first conference and scheduling regarding management and disposal of miscellaneous applications and mode of settlement. Therefore, to come up for settlement or on date after consultation with the parties or their counsels date schedule shall be fixed for filing any miscellaneous applications, replies of those applications and arguments and order, in order to streamline the process of proceedings of court in the mandate of Order IX-A CPC.
File to come up for 1st case management and scheduling conference on ___________
Signature & Stamp of Presiding Officer<br>
11
PROFORMA “A”
IN THE COURT OF CIVIL JUDGE/JUDICIAL MAGISTRATE
Civil suit No
VS
(NOTICE FOR CASE MANAGEMENT AND SCHEDULING CONFERENCE)
WHEREAS the above mentioned suit is pending for disposal in this court, take notice that the undersigned shall hold a case management and Scheduling Conference on date at 08:30 hours. The conference shall be attended by either the parties in person, or through their counsels fully authorized on their behalf and acquainted with the nature and basis of their claims. The conference shall be conducted on the following agenda items:
Both the parties will be required to inform the court that they have gone through each other’s pleadings and are aware of the nature and basis of each other’s claims.
Both the parties will be required to inform the court about different applications which they intend to file in the court such as application under Order VII Rule II, Order I Rule 10, Order VI Rule 17, Order XXXIX Rule 1&2, Order XXVI Rule 9 or any other application(s).
Setting dates, if required: (1) For filing various applications by either party (ies); (2) For filing reply (ies) to such applications; and (3) For hearing arguments on such applications collectively.
Both the parties will be required to discover the chance of settlement, and inform the court about the intended mode of settlement.
Signature & Stamp of Presiding Officer<br>
IN THE COURT OF CIVIL JUDGE/JUDICIAL MAGISTRATE
Civil suit No
VS
(NOTICE FOR CASE MANAGEMENT AND SCHEDULING CONFERENCE)
WHEREAS the above mentioned suit is pending for disposal in this court, take notice that the undersigned shall hold a case management and Scheduling Conference on date at 08:30 hours. The conference shall be attended by either the parties in person, or through their counsels fully authorized on their behalf and acquainted with the nature and basis of their claims. The conference shall be conducted on the following agenda items:
Both the parties will be required to inform the court that they have gone through each other’s pleadings and are aware of the nature and basis of each other’s claims.
Both the parties will be required to inform the court about different applications which they intend to file in the court such as application under Order VII Rule II, Order I Rule 10, Order VI Rule 17, Order XXXIX Rule 1&2, Order XXVI Rule 9 or any other application(s).
Setting dates, if required: (1) For filing various applications by either party (ies); (2) For filing reply (ies) to such applications; and (3) For hearing arguments on such applications collectively.
Both the parties will be required to discover the chance of settlement, and inform the court about the intended mode of settlement.
Signature & Stamp of Presiding Officer<br>
12
PROFORMA “D”
IN THE COURT OF Civil Judge/Judicial Magistrate___________
Civil suit No.
VS
(Notice of settlement Conference)
WHEREAS the above mentioned suit is pending disposal in this court. Take notice that the undersigned shall hold a settlement Conference on _____________ at 08:30 hours. The conference shall be attended by either the parties in person, or through their counsel fully authorized on their behalf and acquainted with the nature and basis of their claims. The conference shall be conducted on the following agenda items:
Bothe parties will be required to inform the court that they have gone through each other’s pleadings and are aware of the nature and basis of each other claim.
Both the parties will be required to discover the chance of settlement, and inform the court about intended mode of settlement.
Signature & Stamp of Presiding Officer<br>
IN THE COURT OF Civil Judge/Judicial Magistrate___________
Civil suit No.
VS
(Notice of settlement Conference)
WHEREAS the above mentioned suit is pending disposal in this court. Take notice that the undersigned shall hold a settlement Conference on _____________ at 08:30 hours. The conference shall be attended by either the parties in person, or through their counsel fully authorized on their behalf and acquainted with the nature and basis of their claims. The conference shall be conducted on the following agenda items:
Bothe parties will be required to inform the court that they have gone through each other’s pleadings and are aware of the nature and basis of each other claim.
Both the parties will be required to discover the chance of settlement, and inform the court about intended mode of settlement.
Signature & Stamp of Presiding Officer<br>
13
ORDER XI
Discovery by interrogatories. In any suit the plaintiff or defendant by leave of the Court may deliver interrogatories in writing for the examination of the opposite parties or any one or more of such parties, and such interrogatories when delivered shall have a note at the foot thereof stating which of such interrogatories each of such persons is required to answer: Provided that no party shall deliver more than one set of interrogatories to the same party without an order for that purpose: Provided also that interrogatories which do not relate to any matters in question in the suit shall be deemed irrelevant, notwithstanding that they might be admissible on the oral cross-examination of a witness.
Inspection of documents referred to in pleadings or affidavits. Every party to a suit shall be entitled at any time to give notice to any other party, in whose pleadings or affidavits reference is made to any document, to produce such document for the inspection of the party giving such notice, or of his pleader, and to permit him or them to take copies thereof; and any party not complying with such notice shall not afterwards be at liberty to put any such document in evidence on his behalf in such suit unless he shall satisfy the Court that such document relates only to his own title, he being a defendant to the suit, or that he had some other cause or excuse which the Court shall deem sufficient for not complying with such notice, in which case the Court may allow the same to be put in evidence on such terms as to costs and otherwise as the Court shall think fit.<br>
Discovery by interrogatories. In any suit the plaintiff or defendant by leave of the Court may deliver interrogatories in writing for the examination of the opposite parties or any one or more of such parties, and such interrogatories when delivered shall have a note at the foot thereof stating which of such interrogatories each of such persons is required to answer: Provided that no party shall deliver more than one set of interrogatories to the same party without an order for that purpose: Provided also that interrogatories which do not relate to any matters in question in the suit shall be deemed irrelevant, notwithstanding that they might be admissible on the oral cross-examination of a witness.
Inspection of documents referred to in pleadings or affidavits. Every party to a suit shall be entitled at any time to give notice to any other party, in whose pleadings or affidavits reference is made to any document, to produce such document for the inspection of the party giving such notice, or of his pleader, and to permit him or them to take copies thereof; and any party not complying with such notice shall not afterwards be at liberty to put any such document in evidence on his behalf in such suit unless he shall satisfy the Court that such document relates only to his own title, he being a defendant to the suit, or that he had some other cause or excuse which the Court shall deem sufficient for not complying with such notice, in which case the Court may allow the same to be put in evidence on such terms as to costs and otherwise as the Court shall think fit.<br>
14
Or-------00
00.00.0000
Parties present. 1st Case management and scheduling conference was conducted. Parties submitted that they had no further miscellaneous application for the time being, therefore, to proceed further conference regarding Discovery Management and Scheduling is essential which is fixed to be held on 01.11.2019 at 08:30 hours for settlement, examination of parties, interrogatories if any, discovery and inspection of documents, notice of admission if any and proposed exhibits. Proforma B and E as per fifth schedule of civil procedure code were provided to parties.
File to come up for discovery management and scheduling conference on 01.11.2019.
Signature & Stamp of Presiding Officer<br>
00.00.0000
Parties present. 1st Case management and scheduling conference was conducted. Parties submitted that they had no further miscellaneous application for the time being, therefore, to proceed further conference regarding Discovery Management and Scheduling is essential which is fixed to be held on 01.11.2019 at 08:30 hours for settlement, examination of parties, interrogatories if any, discovery and inspection of documents, notice of admission if any and proposed exhibits. Proforma B and E as per fifth schedule of civil procedure code were provided to parties.
File to come up for discovery management and scheduling conference on 01.11.2019.
Signature & Stamp of Presiding Officer<br>
15
PROFORMA “B”
IN THE COURT OF CIVIL JUDGE-/Judicial Magistrate-
Civil suit No.
VS
(NOTICE FOR DISCOVERY MANAGEMENT AND SCHEDULING CONFERENCE)
WHEREAS the above mentioned suit is pending for disposal in this court, take notice that the undersigned shall hold a Discovery management and Scheduling Conference on _______________ at 08:30 hours. The conference shall be attended by either the parties in person, or through their counsel fully authorized on their behalf and acquainted with the nature and basis of their claims. The conference shall be conducted on following agenda items:
Bothe parties will be required to inform the court that they have gone through each other’s pleadings and are aware of the nature and basis of each other claim.
Both the parties will be required to develop a factual and legal statement of controversy through a consultative discourse.
Both the parties will be required to show their preparedness for their examination under Order X CPC, for admitting or denying allegations of facts laid in the plaint, or written statement (if any) of the opposite party.
Both the parties will be required to appraise the court, if they like to deliver interrogatories in writing for the examination of the opposite party, if yes, number of the interrogatories.
Both the parties will be required to appraise the court, if they intend to file application for discovery of documents, which are in possession of the opposite party.
Both the parties will be required to appraise the court, if they intend to inspect the document referred to in the pleadings of either party, or which are in possession of the other party.
Both the parties will be required to appraise the court if they intend to send notice to the other party to admit some documents or facts.
Both the parties will be required to submit their proposed exhibits along with duly filled proforma “E” for the scrutiny of those exhibits within the mandate of Order XIII CPC.
Both the parties will be required to discover the chance of settlement and inform the court about the intended mode of settlement.
Signature & Stamp of Presiding Officer<br>
IN THE COURT OF CIVIL JUDGE-/Judicial Magistrate-
Civil suit No.
VS
(NOTICE FOR DISCOVERY MANAGEMENT AND SCHEDULING CONFERENCE)
WHEREAS the above mentioned suit is pending for disposal in this court, take notice that the undersigned shall hold a Discovery management and Scheduling Conference on _______________ at 08:30 hours. The conference shall be attended by either the parties in person, or through their counsel fully authorized on their behalf and acquainted with the nature and basis of their claims. The conference shall be conducted on following agenda items:
Bothe parties will be required to inform the court that they have gone through each other’s pleadings and are aware of the nature and basis of each other claim.
Both the parties will be required to develop a factual and legal statement of controversy through a consultative discourse.
Both the parties will be required to show their preparedness for their examination under Order X CPC, for admitting or denying allegations of facts laid in the plaint, or written statement (if any) of the opposite party.
Both the parties will be required to appraise the court, if they like to deliver interrogatories in writing for the examination of the opposite party, if yes, number of the interrogatories.
Both the parties will be required to appraise the court, if they intend to file application for discovery of documents, which are in possession of the opposite party.
Both the parties will be required to appraise the court, if they intend to inspect the document referred to in the pleadings of either party, or which are in possession of the other party.
Both the parties will be required to appraise the court if they intend to send notice to the other party to admit some documents or facts.
Both the parties will be required to submit their proposed exhibits along with duly filled proforma “E” for the scrutiny of those exhibits within the mandate of Order XIII CPC.
Both the parties will be required to discover the chance of settlement and inform the court about the intended mode of settlement.
Signature & Stamp of Presiding Officer<br>
16
PROFORMA “E”
IN THE COURT OF CIVIL JUDGE-JUDICIAL MAGISTRATE
Civil suit No. of
VS
(LIST OF PROPOSED EXHIBITS SUBMITTED BY THE PARTIES AT THE FIRST HEARING OF THE SUIT UNDER ORDER XIII)
Name(s) of the plaintiff(s)_ /defendant(s)_ and their counsel(s)__________________________________________
signature of the plaintiff(s)_ _/defendant(s)_ and their counsel(s)_____________________________________________<br>
IN THE COURT OF CIVIL JUDGE-JUDICIAL MAGISTRATE
Civil suit No. of
VS
(LIST OF PROPOSED EXHIBITS SUBMITTED BY THE PARTIES AT THE FIRST HEARING OF THE SUIT UNDER ORDER XIII)
Name(s) of the plaintiff(s)_ /defendant(s)_ and their counsel(s)__________________________________________
signature of the plaintiff(s)_ _/defendant(s)_ and their counsel(s)_____________________________________________<br>
17
Or-------00
00.00.0000
Parties present. Case was fixed for discovery management and scheduling conference. Parties submitted that they have no further documents at the moment for exhibition as the record had already been annexed. However, perusal of pleadings and record available make it expedient for court to fix the case for hearing of summary judgment. Notices given to parties for submission and filing of affidavit citing particular parts of the documentary evidence filed with the court to support or oppose the same.
File to come up for filing of affidavit in respect of support or oppose the notices of summary judgment hearing on ________________.
Signature & Stamp of Presiding Officer<br>
00.00.0000
Parties present. Case was fixed for discovery management and scheduling conference. Parties submitted that they have no further documents at the moment for exhibition as the record had already been annexed. However, perusal of pleadings and record available make it expedient for court to fix the case for hearing of summary judgment. Notices given to parties for submission and filing of affidavit citing particular parts of the documentary evidence filed with the court to support or oppose the same.
File to come up for filing of affidavit in respect of support or oppose the notices of summary judgment hearing on ________________.
Signature & Stamp of Presiding Officer<br>
18
BEFORE THE COURT OF CIVIL JUDGE/JUDICIAL MAGISTRATE
Vs
Notice of Summary Judgment Under Order XV-A Rule 4 Sub(Rule)3
Case titled above has been fixed for summary judgment hearing, therefore notice is hereby issued for filing/submission of affidavits for citing particular parts of the documentary evidence filed with the court to support or oppose the notice on ______________________.
Signature & Stamp of Presiding Officer<br>
Vs
Notice of Summary Judgment Under Order XV-A Rule 4 Sub(Rule)3
Case titled above has been fixed for summary judgment hearing, therefore notice is hereby issued for filing/submission of affidavits for citing particular parts of the documentary evidence filed with the court to support or oppose the notice on ______________________.
Signature & Stamp of Presiding Officer<br>
19
ORDER XVI RULE 01
Summons to attend to give evidence or produce documents.__
Not later than seven days after the settlement of issues, the parties shall present in Court a 2[certificate of readiness to produce evidence, along with a] list of witnesses whom they propose to call or produce either to give evidence or to produce documents.
A party shall not be permitted to call or produce witnesses other than those contained in the said list, except with the permission of the Court and after showing good cause for the omission the said witnesses from the list; and the Court grants such permission, it shall record reasons for so doing.
On application to the Court or such officer as it appoints in this behalf, the parties may obtain summons for persons whose attendance is required in Court :
Provided that no summons shall be issued for service on a person under rule 8 unless an application in that behalf is made not later than fourteen days prior to the date fixed for the hearing of the suit and the necessary expenses for the summoning of such person are deposited]<br>
Summons to attend to give evidence or produce documents.__
Not later than seven days after the settlement of issues, the parties shall present in Court a 2[certificate of readiness to produce evidence, along with a] list of witnesses whom they propose to call or produce either to give evidence or to produce documents.
A party shall not be permitted to call or produce witnesses other than those contained in the said list, except with the permission of the Court and after showing good cause for the omission the said witnesses from the list; and the Court grants such permission, it shall record reasons for so doing.
On application to the Court or such officer as it appoints in this behalf, the parties may obtain summons for persons whose attendance is required in Court :
Provided that no summons shall be issued for service on a person under rule 8 unless an application in that behalf is made not later than fourteen days prior to the date fixed for the hearing of the suit and the necessary expenses for the summoning of such person are deposited]<br>
20
Or-------00
00.00.0000
Parties present. Issues were framed today. As per order IX-A Rule 4 (Order IX-A Rule 1 sub rule 3) CPC trial Management and Scheduling conference is fixed to be held on ________________ at 08:30 hours to make settlement, exchange list of witnesses, submit certificate of readiness and to fix a schedule/time table to proceed the trial of case. Proforma C, F-1, F-2 and G provided to parties as per fifth schedule of civil procedure code.
File to come up for above mentioned trial management and scheduling conference on ___________________
Signature & Stamp of Presiding Officer<br>
00.00.0000
Parties present. Issues were framed today. As per order IX-A Rule 4 (Order IX-A Rule 1 sub rule 3) CPC trial Management and Scheduling conference is fixed to be held on ________________ at 08:30 hours to make settlement, exchange list of witnesses, submit certificate of readiness and to fix a schedule/time table to proceed the trial of case. Proforma C, F-1, F-2 and G provided to parties as per fifth schedule of civil procedure code.
File to come up for above mentioned trial management and scheduling conference on ___________________
Signature & Stamp of Presiding Officer<br>
21
PROFORMA “C”
IN THE COURT OF CIVIL JUDGE/JUDICIAL MAGISTRATE
Civil suit No.
VS
(Notice for Trial Management and Scheduling Conference)
WHEREAS the above mentioned suit is pending disposal in this court, take notice that the undersigned shall hold Trial Management and Scheduling Conference on ____________ at 08:30 hours. The conference shall be attended by either the parties in person, or through their counsel fully authorized on their behalf and acquainted with the nature and basis of their claims. The conference shall be conducted on the following agenda items:
Bothe parties will be required to inform the court that they have gone through each other’s pleadings and are aware of the nature and basis of each other claim.
Both the parties will be required to present and exchange the list of witnesses, which they intend to produce in the court, either to give evidence or to produce documents, on the prescribed proforma F1 & F2.
Both the parties will be required to tender certificate of readiness, to produce their witnesses and documents in the court, through proforma G.
The parties will be required to give a schedule/time table, within which, they would be bound to present their evidence and cross examined each other’s witnesses.
Both the parties will be required to discover the chance of settlement and inform the court about the intended mode of settlement.
Signature & Stamp of Presiding Officer<br>
IN THE COURT OF CIVIL JUDGE/JUDICIAL MAGISTRATE
Civil suit No.
VS
(Notice for Trial Management and Scheduling Conference)
WHEREAS the above mentioned suit is pending disposal in this court, take notice that the undersigned shall hold Trial Management and Scheduling Conference on ____________ at 08:30 hours. The conference shall be attended by either the parties in person, or through their counsel fully authorized on their behalf and acquainted with the nature and basis of their claims. The conference shall be conducted on the following agenda items:
Bothe parties will be required to inform the court that they have gone through each other’s pleadings and are aware of the nature and basis of each other claim.
Both the parties will be required to present and exchange the list of witnesses, which they intend to produce in the court, either to give evidence or to produce documents, on the prescribed proforma F1 & F2.
Both the parties will be required to tender certificate of readiness, to produce their witnesses and documents in the court, through proforma G.
The parties will be required to give a schedule/time table, within which, they would be bound to present their evidence and cross examined each other’s witnesses.
Both the parties will be required to discover the chance of settlement and inform the court about the intended mode of settlement.
Signature & Stamp of Presiding Officer<br>
22
PROFORMA “F-I”
IN THE COURT OF CIVIL JUDGE/JUDICIAL MAGISTRATE
Civil suit No.
VS
(LIST OF WITNESSES AND DOCUMENTS TENDERED BY THE PARTIES UNDER ORDER XVI CPC) Name(s) of the plaintiff(s)/defendants(s) and their counsel(s)__________________
Signature(s) of the plaintiff(s)/defendant(s) and their counsel(s)________________<br>
IN THE COURT OF CIVIL JUDGE/JUDICIAL MAGISTRATE
Civil suit No.
VS
(LIST OF WITNESSES AND DOCUMENTS TENDERED BY THE PARTIES UNDER ORDER XVI CPC) Name(s) of the plaintiff(s)/defendants(s) and their counsel(s)__________________
Signature(s) of the plaintiff(s)/defendant(s) and their counsel(s)________________<br>
23
PROFORMA “F-2”
IN THE COURT OF CIVIL JUDGE/JUDICIAL MAGISTRATE
Civil suit No. of
VS
(LIST OF WITNESSES AND DOCUMENTS REQUIRED TO BE TENDERED BY THE PARTIES UNDER ORDER XVI CPC THROUGH THE PROCESS OF THE COURT) Name(s) of the plaintiff(s)/defendants(s) and their counsel(s)______________________
Signature(s) of the plaintiff(s)/defendant(s) and their counsel(s)________________<br>
IN THE COURT OF CIVIL JUDGE/JUDICIAL MAGISTRATE
Civil suit No. of
VS
(LIST OF WITNESSES AND DOCUMENTS REQUIRED TO BE TENDERED BY THE PARTIES UNDER ORDER XVI CPC THROUGH THE PROCESS OF THE COURT) Name(s) of the plaintiff(s)/defendants(s) and their counsel(s)______________________
Signature(s) of the plaintiff(s)/defendant(s) and their counsel(s)________________<br>
24
PROFORMA “G”
IN THE COURT OF CIVIL JUDGE/JUDICIAL MAGISTRATE
Civil suit No. of
VS
(CERTIFICATE OF READINESS OF EVIDENCE UNDER ORDER XVI RULE 1 CPC)
PLAINTIFF DEFENDANT
It is certified by the plaintiff(s)/defendant(s) that:
a. The witnesses and documents which plaintiff(s)/defendant(s) aspire to produce as evidence in the court are ready to be produced at the date and time given by the court.
b. There is no other witnesses and documents required to be produced in the court, other than those mentioned in Proforma “E”, “F-1” & “F-2”
Name(s) of the plaintiff(s)/defendants(s) and their counsel(s)__________________
Signature(s) of the plaintiff(s)/defendant(s) and their counsel(s)_________________<br>
IN THE COURT OF CIVIL JUDGE/JUDICIAL MAGISTRATE
Civil suit No. of
VS
(CERTIFICATE OF READINESS OF EVIDENCE UNDER ORDER XVI RULE 1 CPC)
PLAINTIFF DEFENDANT
It is certified by the plaintiff(s)/defendant(s) that:
a. The witnesses and documents which plaintiff(s)/defendant(s) aspire to produce as evidence in the court are ready to be produced at the date and time given by the court.
b. There is no other witnesses and documents required to be produced in the court, other than those mentioned in Proforma “E”, “F-1” & “F-2”
Name(s) of the plaintiff(s)/defendants(s) and their counsel(s)__________________
Signature(s) of the plaintiff(s)/defendant(s) and their counsel(s)_________________<br>
25
Applicability of management rules in appellate stage<br>
26
Order IX-A
Case Management and Scheduling Conference
Case Management and Scheduling Conference---(1) The Court shall, under its own supervision, in each and every case, after receiving a plaint, petition or appeal, as the case may be, and having regard to the provisions of the Code and theses rules, start case management and scheduling conference. …….<br>
Case Management and Scheduling Conference
Case Management and Scheduling Conference---(1) The Court shall, under its own supervision, in each and every case, after receiving a plaint, petition or appeal, as the case may be, and having regard to the provisions of the Code and theses rules, start case management and scheduling conference. …….<br>
27
DISTT. JUDGEs/ADDL. DISTT.JUDGEs.
Deal with cases in shape of:
Appeal against judgment/decree of a Civil Judge under S.96 of CPC;
Appeal against order under S.104 of CPC;
Power of revision under S.115 of CPC;
Original jurisdiction in suits upon bills of exchange, hundies or promissory notes under Order XXXVII of CPC;
In addition, there also exist other cases as courts and tribunals of civil nature, created under special laws and enactments. Their jurisdiction, powers and functions are specified in the statutes creating them. In case of applicability of cpc amended rules as specified in Order IX-A.XV-A can be applied.<br>
Deal with cases in shape of:
Appeal against judgment/decree of a Civil Judge under S.96 of CPC;
Appeal against order under S.104 of CPC;
Power of revision under S.115 of CPC;
Original jurisdiction in suits upon bills of exchange, hundies or promissory notes under Order XXXVII of CPC;
In addition, there also exist other cases as courts and tribunals of civil nature, created under special laws and enactments. Their jurisdiction, powers and functions are specified in the statutes creating them. In case of applicability of cpc amended rules as specified in Order IX-A.XV-A can be applied.<br>
28
Reception, service of processes, addresses for service. --The rules regarding the receipt of plaint and service of summonses on defendants in Chapter 1, “Practice in the trial of civil suits,” apply, mutatis mutandis to the reception of appeals and service of notices on respondents. It should be noted that an address for service filed during the course of the trial holds good for the purposes of Appellate proceedings also, and such addresses according to Order XLI, Rule 38, as amended by the High Court.<br>
29
Examination of appellant.— when the memorandum of appeal is represented with the explanation required, or when the memorandum of appeal as first presented contains an explanation of the delay in present it, the Court shall take into consideration the explanation offered, and may examine the appellant or his agent, in order to elucidate the explanation.
Consistency to examination of parties<br>
Consistency to examination of parties<br>
30
Order XLI Rule 01
Form of appeal. What to accompany memorandum.
Every appeal shall be preferred in the form of a memorandum signed by the appellant or his pleader and presented to the Court or to such officer as it appoints in this behalf. The memorandum shall be accompanied by a copy of the decree appealed from and (unless the appellate Court dispenses therewith) of the judgment on which it is founded.
Contents of memorandum. The memorandum shall set forth, concisely and under distinct heads, the grounds of objection to the decree appealed from without any argument or narrative;, and the time schedule of the case prepared under Order IX-A and such grounds shall be numbered consecutively<br>
Form of appeal. What to accompany memorandum.
Every appeal shall be preferred in the form of a memorandum signed by the appellant or his pleader and presented to the Court or to such officer as it appoints in this behalf. The memorandum shall be accompanied by a copy of the decree appealed from and (unless the appellate Court dispenses therewith) of the judgment on which it is founded.
Contents of memorandum. The memorandum shall set forth, concisely and under distinct heads, the grounds of objection to the decree appealed from without any argument or narrative;, and the time schedule of the case prepared under Order IX-A and such grounds shall be numbered consecutively<br>
31
Order XLI Rule 27
Production of additional evidence in Appellate Court.__
The parties to an appeal shall not be entitled to produce additional evidence, whether oral or documentary, in the Appellate Court. But if
the Court from whose decree the appeal is preferred has refused to admit evidence which ought to have been admitted, or
the Appellate Court requires any document to be produced or any witness to be examined to enable it to pronounce judgment, or for any other substantial cause, the Appellate Court may allow such evidence or document to be produced, or witness to be examined.
Wherever additional evidence is allowed to be produced by an Appellate Court, the Court shall record the reason for its admission “and the court shall preferably record the additional evidence itself”<br>
Production of additional evidence in Appellate Court.__
The parties to an appeal shall not be entitled to produce additional evidence, whether oral or documentary, in the Appellate Court. But if
the Court from whose decree the appeal is preferred has refused to admit evidence which ought to have been admitted, or
the Appellate Court requires any document to be produced or any witness to be examined to enable it to pronounce judgment, or for any other substantial cause, the Appellate Court may allow such evidence or document to be produced, or witness to be examined.
Wherever additional evidence is allowed to be produced by an Appellate Court, the Court shall record the reason for its admission “and the court shall preferably record the additional evidence itself”<br>
32
Order XLI- Rule 30
Judgment in Appeal
Judgment when and where pronounced. The Appellate Court, after hearing the parties or their pleaders and referring to any part of the proceedings whether on appeal or in the Court from whose decree the appeal is preferred, to which reference maybe considered necessary, shall pronounce judgment in open Court, either at once or on some future day “not exceeding fifteen (15) days” of which notice shall be given to the parties or their pleaders.<br>
Judgment in Appeal
Judgment when and where pronounced. The Appellate Court, after hearing the parties or their pleaders and referring to any part of the proceedings whether on appeal or in the Court from whose decree the appeal is preferred, to which reference maybe considered necessary, shall pronounce judgment in open Court, either at once or on some future day “not exceeding fifteen (15) days” of which notice shall be given to the parties or their pleaders.<br>
33
APPLICABILITY
A statute is to be interpreted in accordance with the intention of the legislature Or which-is to be gathered from the, language of the statute. The context, subject-matter, and purpose of the enactment are relevant for determining the legislative intent. The preamble part of the amended rules is very much clear about the applicability of same in appellate stage also in the same manner as specified for the proceedings of case in code.<br>
A statute is to be interpreted in accordance with the intention of the legislature Or which-is to be gathered from the, language of the statute. The context, subject-matter, and purpose of the enactment are relevant for determining the legislative intent. The preamble part of the amended rules is very much clear about the applicability of same in appellate stage also in the same manner as specified for the proceedings of case in code.<br>