Order X of the Code of Civil Procedure, 1908, outlines the procedure for the examination of parties by the court to clarify matters in dispute and streamline the judicial process. This order ensures that the court comprehends the issues at hand, facilitating an efficient resolution of civil suits.

1. ASCERTAINMENT OF ADMISSIONS AND DENIALS (RULE 1)

At the first hearing, the court must determine from each party or their pleader which allegations of fact in the plaint or written statement are admitted or denied. This process narrows down the contentious issues, focusing the trial on genuine disputes. The court records these admissions and denials for reference.

2. DIRECTION TO OPT FOR ALTERNATIVE DISPUTE RESOLUTION (RULE 1A)

Following the recording of admissions and denials, the court directs the parties to consider alternative dispute resolution (ADR) methods as specified in Section 89 of the CPC. Upon the parties’ selection, the court schedules a date for their appearance before the chosen forum or authority.

3. APPEARANCE BEFORE CONCILIATORY FORUM OR AUTHORITY (RULE 1B)

When a suit is referred under Rule 1A, the parties are required to appear before the designated forum or authority for conciliation. This step emphasizes the importance of resolving disputes outside the traditional court system, promoting amicable settlements.

4. APPEARANCE BEFORE THE COURT AFTER FAILED CONCILIATION (RULE 1C)

If the conciliation efforts under Rule 1A do not succeed, the presiding officer of the conciliatory forum or authority refers the matter back to the court. The parties are then directed to appear before the court on a specified date to proceed with the litigation.

5. ORAL EXAMINATION OF PARTIES OR COMPANIONS (RULE 2)

At the first hearing, the court:

• Shall orally examine the parties present in court to elucidate matters in controversy.
• May examine any person accompanying a party who can answer material questions related to the suit.

This examination aids in clarifying the issues and may lead to an early resolution of the dispute.

6. SUBSTANCE OF EXAMINATION TO BE WRITTEN (RULE 3)

The substance of the oral examination conducted under Rule 2 must be reduced to writing by the judge and form part of the record. This written record ensures transparency and provides a reference for future proceedings.

7. CONSEQUENCE OF REFUSAL OR INABILITY OF PLEADER TO ANSWER (RULE 4)

If a party’s pleader refuses or is unable to answer any material question, and the court believes the party should answer in person, it may:

• Postpone the hearing to a date not later than seven days from the first hearing.
• Direct the party to appear in person on the specified date.

Failure to appear without lawful excuse may result in the court pronouncing judgment against the party or making any order it deems fit.

KEY JUDICIAL INTERPRETATIONS

• In Kanwar Singh Saini v. High Court of Delhi, (2012) 4 SCC 307, the Supreme Court clarified that the “first hearing” refers to the date on which the court applies its mind to the contentions raised by the parties and the documents filed, primarily for framing issues to be decided in the suit.

• In Afcons Infrastructure Ltd. v. Cherian Varkey Construction Co. (P) Ltd., (2010) 8 SCC 24, the Supreme Court emphasized that neither Section 89 nor Order X Rule 1A is intended to supersede or modify the provisions of the Arbitration and Conciliation Act, 1996, or the Legal Services Authorities Act, 1987. The court must encourage parties to opt for ADR methods without undermining existing legal frameworks.

CONCLUSION

Order X of the CPC plays a crucial role in streamlining civil proceedings by clarifying disputed issues early in the litigation process. By facilitating admissions, encouraging alternative dispute resolution, and enabling the court to directly interact with the parties, it aims to expedite justice and reduce the burden on the judiciary.