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10/8/19

Disposal of the suit at the first hearing || Order 15 ||

Disposal of the suit at the first hearing || Order 15 ||



        In this article, we will discuss the topic disposal of the suit at the first hearing under Order 15 of the Code of Civil Procedure, 1908.



Introduction:-

                                      Order 15 deals with various situations where a suit can be disposed off on the first hearing itself. The court may at once pronounce judgment in the following case:-

Parties not at issue:-
                             Order 15 Rule 1 says, that 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.

Desi Kedari Vs. Huzurabad Co-Operative Marketing Society Ltd, 1994 (2) ALT 539 (DB),
                   In this case, it was held that Court is competent to pronounce judgment at once under Order 15 Rule 1 at the first hearing of the suit when there is no issue to be framed on any question of law or fact. The procedure laid down under Order 20 need not be followed in such a case.

When one of several defendants not at issue:-
                                                                   Where there are more defendants that one, and anyone of the defendants is not at issues with the plaintiff on any question of fact or of law, the court may at once pronounce judgment for or against such defendant and the suit shall proceed only against the other defendants. (Order 15, Rule 2).

Parties at issue:-
                             According to Rule 3 of Order 15 where after the issues have been framed by the Court as herein before provided, if the Court is satisfied that no further argument or evidence then the parties can at once adduce is required and that no injustice will the result from proceeding with the suit forthwith, the court may proceed to determine such issues, and if the finding thereon is sufficient for the decision, pronounce judgment accordingly.

                                                                    
Failure to produce evidence:-
                                                                   Where either party fails, after the summons has been issued for the final disposal of the suit, to produce any evidence without any sufficient cause, on which he relies, the court may:

1.     Pronounce judgment at once, or
2.     If thinks fit, after framing and recording issues, adjourn the suit for the production of such evidence as may be necessary for its decision upon such issues.



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