Civil Procedure Code - Examination of Parties (Order 10)

After plaint and written statements are filed and before decree is passed, tons and tons of thing happen in a court.

Below is the list. This doesn't include all the steps, but just an overview of what all things happen.

In this post, we deal with the first step, i.e examination of parties. Order 10 provides in detail for examination of parties.

To understand this let's take a simple dispute between buyer of flat and a builder. 

Buyer states in plaint

1. She paid the money. i.e Consideration

2. She states that she agreed for a flat in front of which there is open space. But Builder started construction on that open place blocking air and sunlight

3. She states that flat was to be delivered in 6 months but no delivery yet.

Builder states in Written Statement

1. Rent money is given for delay

2. There is still air and sunlight in buyers flat

3. blah..blah..blah..

The dispute:

Rule 1

Rule 1 provides that at first hearing in court, court should ask each party whether they admit or deny such facts as are made in plaint or written statement. 

In above example, whether payment is made, whether rent for delay is paid to buyer of the flat etc.

Apart from such ascertainment of facts, court also encourages parties to for out of court settlement.

To summarize Rule 1:

Rule 2

Next, court conducts oral hearing of the parties or any person accompanying him.Remember, Rule 1 states only parties to be examined. Rule 2 states party or any other person accompanying him can be orally examined.

This oral examination is to get the clarity on issues. Again this oral examination is to get the clarity on issues. And nothing else..!!

Here is Rule 2 and One case where Court defines scope of Rule 2 in M/s Kapil Corepacks Pvt. Ltd. v. Harbans Lal

In above oral examination, if any party put some question to other party then such question has to be answered. Again, such questions should not be related to proving/disproving evidences. It should be about getting clarity on issues.

Rule 3

Rule 3 provides that these examinations shall be reduced to writing by a judge.

Rule 4

What if party fails to answer a question put up by another party? What if party fails to appear in court? These questions are answered by Rule 4.

When pleader of party fails to answer any question, such question can be answered by his party in person at later date.

This is an overview of examination of parties. 

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