Bailabel Type : bailable

Description

Order 10 of the Civil Procedure Code (CPC) governs the examination of parties by the court in civil suits. This order empowers the court to examine the parties involved in a case in order to facilitate a fair and just determination of the matter at hand. The goal of this order is to assist the court in clarifying the issues in dispute, identifying the key points of contention, and determining whether the parties are genuinely in dispute or if they can resolve the matter.

Key Provisions of Order 10 - Examination of Parties by the Court

Rule 1: Court May Examine Parties

• Power to Examine:
  The court has the authority to examine the parties involved in the suit, i.e., the plaintiff and the defendant, under this rule. This examination is intended to assist the court in understanding the matters in controversy and to streamline the proceedings.

• Purpose of Examination:
  The examination can help:

  • Simplify the issues to be determined.
  • Find out if the parties have any agreements or settlement in mind.
  • Identify any admissions or denials about the facts of the case.

• Process of Examination:
  The court may ask the parties to make statements in the course of the examination. The questions asked are typically aimed at helping the court understand the facts, identify any disagreements, and narrow down the focus of the case.

Rule 2: Examination of Parties at Any Stage

• Flexibility in Timing:
  The examination of the parties by the court can take place at any stage during the proceedings. It is not restricted to a specific point in the trial, and the court can decide when it is necessary to examine the parties based on the circumstances of the case.

• Court’s Discretion:
  The court has the discretion to order the examination if it deems that the parties need to clarify certain facts or issues before proceeding with the trial. It is not mandatory for the court to examine the parties; the court decides based on the complexity or ambiguity of the case.

Rule 3: Statement of the Parties

• Written Statements:
  The parties, if ordered by the court, may be required to give a written statement under oath regarding the issues in the case. This can help formalize the record of the examination.

• Oral Examination:
  The court may also carry out oral examinations during the hearing of the case. The parties can be examined under oath, and the examination typically focuses on the facts that are disputed in the case. The court may question the parties about the allegations in the plaint and written statement, as well as the defense raised.

Rule 4: Statements to be Used in Evidence

• Use of Statements in Court:
  Any statements made during the examination of the parties, whether oral or written, may become part of the evidence in the case. These statements can be referred to by the court in determining the issues and making the final decision.

• Consequences of False Statements:
  If any party provides false statements, they may be subject to penalties for perjury or contempt of court. The court relies on the honesty of the parties to facilitate a fair resolution.

Rule 5: Application of Other Provisions

• Application of Other Orders:
  The provisions of this order apply alongside the other provisions of the CPC. For example, the examination may still be subject to the rules about examination of witnesses (under Order 18 of the CPC) and other procedural rules that the court finds relevant to the case.

Rule 6: Further Orders of the Court

• Additional Directions:
  After the examination of the parties, the court may pass any further orders that it deems necessary to advance the suit. These orders can include scheduling additional hearings, directing further evidence to be provided, or issuing procedural directions to facilitate the trial.

Punishment

Perjury:
If any party gives false statements during the examination (either written or oral), they may be charged with perjury under Indian law. Perjury is a criminal offense that can lead to imprisonment or fines.

Contempt of Court:
Providing false statements, obstructing the examination process, or refusing to participate in the examination may result in contempt of court proceedings, leading to penalties or imprisonment.

Adverse Inference:
If a party fails to appear or does not fully cooperate with the examination process, the court may draw an adverse inference against them, potentially weakening their case.