Civil Manual 47 — Section

Gujarat High Court Civil Manual (subordinate court practice), 1960

Statutory text

The examination of parties under Order X, rule 2, is intended to assist the Court in settling the issues and not for modifying the pleadings. The object of examination under this rule is to clear up the points in dispute and ascertain fully and accurately the matters on which the parties are to go to trial. Thus, where the allegations of facts made in the plaint or in a written statement are not admitted or denied in the pleadings, either expressly or by clear implication, the Judge should at the first hearing, proceed to question the party or the lawyer and record categorically the admissions or denials of these allegations. In this connection the Judge should bear in mind the provisions of rule 3, sub-rule (2) of Order V, which enables him to require the personal attendance of the plaintiff on the date on which the defendant is required to appear and of rule 4 of Order X which enables him to require the attendance of parties at a later stage. Form No. 1, page 513, Vol. II is the form of notice requiring personal attendance.

Back to Civil Manual