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Order 12 CPC - Code of Civil Procedure - ADMISSIONS

 Order 12 CPC Description 1. Notice of admission of case Any party to a suit may give notice, by his pleading, or otherwise in writing, that he admits the truth of the whole or any part of the case of any other party. 2. Notice to admit documents Either party may call upon the other party1[to admit, within 2[seven] days from the date of service of the notice any document,] saving all just exceptions; and in case of refusal or neglect to admit, after such notice, the costs of proving any such document shall be paid by the party so neglecting or refusing, whatever the result of the suit may be, unless the Court otherwise directs; and no costs of proving any document shall be allowed unless such notice is given, except where the omission to give the notice is, in the opinion of the Court, a saving of expense. HIGH COURT AMENDMENTS Allahabad.- In Order XII, after rule 2,- (a) after the words "neglect to admit", insert the words "without sufficient cause"; (b) for the wo

Order 11 CPC - Code of Civil Procedure - DISCOVERY AND INSPECTION

 Order 11 CPC Description 1. 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. 2. Particular interrogatories to be submitted On an application for leave to deliver interrogatories, the particular interrogatories proposed to be delivered shall be submitted to the court 1[and that court shall decide within seven days from the day of filing of

Order 10 CPC - Code of Civil Procedure - EXAMINATION OF PARTIES BY THE COURT

  Order 10 CPC Description 1. Ascertainment whether allegations in pleadings are admitted or denied- At the first hearing of the suit the Court shall ascertain from each party or his pleader whether he admits or denies such allegations of fact as are made in the plaint or written statement (if any) of the opposite party, and as are not expressly or by necessary implication admitted or denied by the party against whom they are made. The Court shall record such admissions and denials. 1[1A. Direction of the Court to opt for any one mode of alternative dispute resolution. After recording the admissions and denials, the court shall direct the parties to the suit to opt either mode of the settlement outside the court as specified in sub-section .(1) of section 89. On the option of the parties, the court shall fix the date of appearance before such forum or authority as may be opted by the parties. 1. Added by Act No. 46 of 1999, Section 20 (w.e.f. 1 -7-2002). 1B. Appearance before the conci

Order 9 CPC - Code of Civil Procedure - APPEARANCE OF PARTIES AND CONSEQUENCE OF NON-APPEARANCE (THE FIRST Schedule)

  Order 9 CPC Description 1[2. Dismissal of suit where summons not served in consequence of the plaintiffs failure to pay cost Where on the day so fixed it is found that the summons has not been served upon the defendant in consequence of the failure of the plaintiff to pay the court-fee or postal charges, if any, chargeable for such service, or failure to present copies of the plaint as required by rule 9 of Order VII, the Court may make an Order that the suit be dismissed: Provided that no such Order shall be made, if, notwithstanding such failure, the defendant attends in person or by agent when he is allowed to appear by agent on the day fixed for him to appear and answer.] 1. Rule 2 was substituted by Act No. 46 of 1999. section 19 and now again substituted by Act No. 22 of 2002. Section 10(w.e.f. 1-7-2002). 3. Where neither party appears, suit to be dismissed Where neither party appears when the suit is called on for hearing, the Court may make an Order that the suit be dismissed

Order 8 CPC - Code of Civil Procedure - WRITTEN STATEMENT, SET-OF AND COUNTER-CLAIM

  Order 8 CPC Description Order VIII WRITTEN STATEMENT, SET-OF AND COUNTER-CLAIM 1[WRITTEN STATEMENT, SET-OF AND COUNTER-CLAIM] 1. Subs, by Act No. 104 of 1976, for the former heading (w.e.f. 1-2-1977). 1[1. Written statement. The defendant shall, within thirty days from the date of service of summons on him, present a written statement of his defence. Provided that where the defendant fails to file the written statement within the said period of thirty days, he shall be allowed to file the same on such other day, as may be specified by the Court, for reasons to be recorded in writing, but which shall not be later than ninety days from the date of service of summons.] 1. Subs, by Act No. 46 of 1999, section 18. Now again substituted by Act No. 22 of 2002 section 9 (w.e.f. 1-7-2002). 1[1A. Duty of defendant to produce documents upon which relief is claimed or relied upon by him (1) Where the defendant bases his defence upon a document or relies upon any document in his possession or pow