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Order 20 CPC - Code of Civil Procedure - JUDGMENT AND DECREE

 Order 20 CPC Description 11. Judgment when pronounced 2 [(1)] The Court, after the case has bee heard, shall pronounce judgment in an open Court, either at once, or as soon thereafter as may be practicable and when the judgment is to be pronounced on some future day, the Court shall fix a day for that purpose, of which due notice shall be given to the parties or their pleaders: Provided that where the judgment is not pronounced at once, every endeavour shall be made by the Court to pronounce the judgment within thirty days from the date on which the hearing of the case was concluded but, where it is not practicable so to do on the ground of the exceptional and extraordinary circumstances of the case, the Court shall fix a future day for the pronouncement of the judgment, and such day shall not ordinarily be a day beyond sixty days from the date on which the hearing of the case was concluded, and due notice of the day so fixed shall be given to the parties or their pleaders. 3[(2) Wher

Order 19 CPC - Code of Civil Procedure - AFFIDAVITS

 Order 19 CPC Description 1. Power to Order any point to be proved by affidavit Any Court may at any time for sufficient reason Order that any particular fact or facts may be proved by affidavit, or that the affidavit of any witness may be read at the hearing, on such conditions as the Court thinks reasonable : Provided that where it appears to the Court that either party bona fide desires the production of a witness for cross-examination, and that such witness can be produced, an Order shall not be made authorizing the evidence of such witness to be given by affidavit. STATE AMENDMENTS Uttar Pradesh.-For the existing proviso, substitute the following:- "Provided that if it appears to the Court, whether at the instance of either party or otherwise and whether before or after the filing of such affidavit, that the production of such witness for cross-examination is necessary and his attendance can be procured, the Court shall Order the attendance of such witness, whereupon the witn

Order 17 CPC - Code of Civil Procedure - ADJOURNMENTS

 Order 17 CPC Description 1. Court may grant time and adjourn hearing 1[(1) The Court may, if sufficient cause is shown, at any stage of the suit grant time to the parties or to any of them, and may from time to time adjourn the hearing of the suit for reasons to be recorded in writing: Provided that no such adjournment shall be granted more than three times to a party during hearing of the suit.] (2) Costs of adjournment-In every such case the Court shall fix a day for the further hearing of the suit and 2[shall make such Orders as to costs occassioned by the adjournment or such higher costs as the court deems fit]: 3[Provided that,- (a) when the hearing of the suit has commenced, it shall be continued from day-to-day unti 1 all the witnesses in attendance have been examined, unless the Court finds that, for the exceptional reasons to be recorded by it, the adjournment of the hearing beyond the following day is necessary. (b) no adjournment shall be granted at the request of a party,

Order 16A CPC - Code of Civil Procedure - [APPEALS BY INDIGENT PERSONS]

 Order 16A CPC Description 1[Order XVIA. ATTENDANCE OF WITNESSES CONFINED OR DETAINED IN PRISONS 1. Ins. by Act No. 104 of 1976 (w.e.f. 1-2-1977). 1. Definitions- In this Order,- (a) "detained" includes detained under any law providing for preventive detention; (b) "prison" includes- (i) any place which has been declared by the State Government, by general or special Order, to be a subsidiary jail; and (ii) any reformatory, borstal institution or other institution of a like nature. 2. Power to require attendance of prisoners to give evidence Where it appears to a Court that the evidence of a person confined or detained in a prison within the State is material in a suit, the Court may make an Order requiring the officer in charge of the prison to produce that person before the Court to give evidence : Provided that, if the distance from the prison to the Court-house is more than twenty-five kilometres, no such Order shall be made unless the Court is satisfied that th

Order 16 CPC - Code of Civil Procedure - SUMMONING AND ATTENDANCE OF WITNESSES

 Order 16 CPC Description 1[1. List of witnesses and summons to witnesses (1) On or before such date as the Court may appoint, and not later than fifteen days after the date on which the issues are settled, the parties shall present in Court a list of witnesses whom they propose to call either to give evidence or to produce documents and obtain summonses to such person for their attendance in Court. (2) A party desirous of obtaining any summons for the attendance of any person shall file in Court an application stating therein the purpose for which the witness is proposed to be summoned. (3) The Court may, for reasons to be recorded, permit a party to call, whether by summoning through Court or otherwise, any witness, other than those whose names appear in the list referred to in sub-rule (1), if such part shows sufficient cause for the omission to mention the name of such witness in the said list. (4) Subject to the provisions of sub-rule (2), summonses referred to in this rule may be

Order 15 CPC - Code of Civil Procedure - DISPOSAL OF THE SUIT AT THE FIRST HEARING

 Order 15 CPC Description 1. Parties not at issue Where at the first hearing of a suit it appears that the parties are not at issue on any question of law or of fact, the Court may at once pronounce judgment. 2. One of several defendants not at issue 1[(1)] Where there are more defendants than one, and any one of the defendants is not at issue with the plaintiff on any question of law or of fact, the Court may at once pronounce judgment for or against such defendant and the suit shall proceed only against the other defendants. 2[(2) Wherever a judgment is pronounced under this rule, a decree shall be drawn up in accordance with such judgment and the decree shall bear the date on which the judgment was pronounced.] 1. Rule 2 renumbered as sub-rule (1) of that rule by Act No. 104 of 1976 (w.e.f. 1-2-1977). 2. Ins. by Act No. 104 of 1976 (w.e.f. 1-2-1977). 3. Parties at issue (1) Where the parties are at issue on some question of law or of fact, and issues have been frame by the Court as