Discovery of Documents
After filing written statement, defendant must file a list of all documents in his power, possession, control or custody which are relevant to the dispute under Order XI Rule 12. Thereafter, plaintiff is also required to file a list of additional documents not filed along with plaint, which are necessary to determine matter in issue. These documents must be filed with an affidavit verifying the list.
Inspection of Documents
After discovery, parties can give inspection of documents disclosed as well as seek inspection. Either party may give notice to other for inspection of documents related to suit and necessary for its fair disposal under Order XI Rule 15. If inspection is refused, court may order inspection of such documents. However, confidential or privileged documents may be exempt from production.
Production of Documents
Under Order XI Rule 14, the parties must produce documents in their possession or power which they have admitted or relied upon for pleadings, or which relate to any matter in issue. Where denial of documents is not specific or categorical, notice to produce may be ordered. Court can call for production of any documents to elucidate matters necessary for trial.
Appearance of Parties
On receipt of summons, a party may enter appearance by filing vakalatnama or memorandum of appearance under Order V Rule 1. This obviates the need to serve further processes except judgment in such suit. Personal appearance shows party is submitting to the court’s jurisdiction. If defendant fails to appear on date fixed in summons, court proceeds ex parte.
Non-Appearance and Ex Parte Proceedings
Where any party does not appear when the suit is called up for hearing, court has the power to proceed ex parte under Order IX Rule 6. Defendant can also be proceeded ex parte where summons duly served is not obeyed under Order IX Rule 7. Where defendant appears and is subsequently absent, an ex parte order can be passed after show cause notice. Ex parte order is interim, not final. It can be set aside on sufficient cause shown.
First Hearing
The first hearing refers to the preliminary hearing soon after summons when court ascertains whether parties are ready to proceed with framing of issues. This may happen immediately on defendant’s appearance or be fixed later by court. Steps in first hearing include:
- Recording admission/denial of documents by both sides
- Framing issues on basis of pleadings
- Deciding any preliminary objections or issues
- Fixing trial schedule
Framing of Issues
Framing issues is a crucial step in first hearing. The court must formulate specific issues arising between parties on material propositions of fact and law based on the pleadings under Order XIV Rule 1. The court may frame issues suo motu if parties fail to identify issues correctly. Issues provide blueprint for trial, demarcating the area to be adjudicated.
Disposal at First Hearing
Order XV deals with disposal of suit at the first hearing itself. Where the parties admit facts or documents showing matter need not proceed to trial, court can pronounce judgment at first hearing itself. This avoids unnecessary adjournment for trial where facts are undisputed or admitted. Quick disposal at first hearing saves court’s time and parties’ expense.
Trial
Trial refers to the judicial proceedings where evidence is recorded, and facts are ascertained to determine issues framed in the suit. Under Order XVIII Rule 1, party having burden of issues will adduce evidence first. Unless otherwise ordered, plaintiff adduces evidence first. Trial involves examination in chief, cross-examination and re-examination of witnesses. Arguments follow evidence concludes.
Summoning Witnesses
To summon witnesses, party must file a list of witnesses proposed to be called with summary of testimony under Order XVI Rule 1. The court can examine witnesses to elucidate issues or in interests of justice. Where witness resides beyond jurisdiction, court may issue commission for examination. Summons requisition attendance of persons as witnesses or to produce documents.
Production of Documents
Under Order XI Rule 14 and Order XVI Rule 1A, parties can summon the other side to produce any documents required from opposite party to lead evidence or ascertain truth. Third parties may also be summoned to produce any documents relevant to suit. Where original is summoned, certified copies may be provided. Privileged documents can be exempted from production.
Adjournment
Court has power to adjourn trial from time to time under Order XVII Rule 1. It is not bound to adjourn on mere demand by parties. Sufficient cause has to be shown for adjournment. Courts discourage frequent adjournments to prolong trial. Unreasonable adjournments may entail costs or dismissal of suit for want of prosecution under Order XVII Rule 3.
Hearing
Hearing refers to the recording of evidence adduced by parties in support of their contentions. Plaintiff and defendant lead evidence respectively. Witnesses are examined in chief, cross and re-examination. Arguments follow after evidence concludes. Hearing must adhere to trial schedule fixed by court. Once hearing concludes, court will fix the case for final disposal after submission of arguments.
