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WRITTEN STATEMENT U/O.

VIII
 W/S to be filed by Defendant within 30 days from the
date of receipt of Summons.
 Period can be further extended to 60 days overall it
should not be beyond 90 days.
 Duty of Defendant to produce documents upon which
he relies.
 Defendant must specifically deny each and every
contention of plaint.
 Denial cannot be evasive, the grounds for such denial
must be specifically mentioned.
 New facts and facts pertaining to Set off and Counter
Claim must be specifically pleaded.
CONSEQUENCES OF NON
APPEARANCE U/O.IX
 Both the parties are required to appear before the
court on the day fixed for hearing.
 Failing which:
 If plaintiff himself fails to appear the suit shall be
dismissed for default
 If defendant fails to appear an EX-PARTE decree
can be passed.
SETTING ASIDE OF EX-PARTE
 The Defendant must move an application u/r.13 of
O.IX for setting aside of Ex-parte Decree with
sufficient grounds.
 Once Decree is set aside and application for delay
condonation u/S.5 of Limitation Act.
 If delay is condoned the Defendant is required to file
his W/S and suit is revived.
 In case of more than one defendant, where either of
them does not appear an Ex-parte shall be against such
and against others the suit will proceed.
EXAMINATION OF PARTIES U/O.X
 Before framing of issues, if the court finds
necessary to examine the parties, it may do so.
 The court may provide opportunity to prefer
alternate mode of dispute resolution :
 Arbitration u/S.89
 Conciliation
 Mediation
 The matter may be either send for mediation or
retained back.
DISCOVERY & INSPECTION U/O.XI
 Discovery by interrogatories
 Using answer to interrogatories during trial.
 Calling for affidavit for documents produced
 Production of documents (original if required)
 Inspection of such original documents which
cannot be produced before court.(Account books,
Government records etc.)
 Calling for Certified copies
ADMISSIONS U/O.XII
 Notice of admission of case/facts/claim of
plaintiff.
 Notice to admit documents
 Documents to be deemed to be admitted if
not denied.
 Court may record admission
 Judgment on admissions
PRODUCTION, IMPOUNDING &RETURN OF
DOCUMENTS U/O.XIII
 Original documents to be produced at or
before the settlement of issues.
 Rejection of irrelevant or inadmissible
documents.
 Endorsement on documents admitted in
evidence.
 Impounding of documents.
 Return of documents after disposal or appeal.
DISPOSAL AT FIRST HEARING
U/O.XV
 If parties are not at issue, judgment
may be pronounced at once.
 Where One or several defendants are
not in issue with plaintiff, judgment
against such defendant will be passed
and against others issues will be
framed and suit proceeds.
FRAMING OF ISSUES U/O.XIV
 After :
 going through pleadings and
 hearing both parties,
 Inspection of documents if required
 The court will frame issues of dispute
between parties.
ISSUES

 ISSUE OF FACT ISSUE OF LAW


 (Drawn out of pleadings) (relied on statute)
 Court has to pronounce judgment on all issues
 Question of fact or law may be stated by agreement
and based on that the decree may be drawn if court is
satisfied agreement was in good faith.