1[2.
Oral examination of party, or companion of party.—(1) At the first hearing
of the suit, the Court—
(a) shall, with a view to
elucidating matters in controversy in the suit examine orally such of the parties
to the suit appearing in person or present in Court, as it deems fit; and
(b) may orally examine any
person, able to answer any material question relating to the suit, by whom any
party appearing in person or present in Court or his pleader is accompanied.
(2) At any subsequent
hearing, the Court may orally examine any party appearing in person or present
in Court, or any person, able to answer any material question relating to the
suit, by whom such party or his pleader is accompanied.
(3) The Court may, if it
thinks fit, put in the course of an examination under this rule questions suggested
by either party.]
Note 1: Subs. by Act 104 of
1976, s. 60, for rule 2 (w.e.f. 1-2-1977).
Part in Red is taken from Bare Act as it is.
Explanation:
The duty of court is recognized by statute by the enactment of a provision that, at the first hearing, the court shall ascertain from each party whether he admits or denies such allegations of facts as are not expressly or by necessary implication, admitted or denied by him, and of a further provision under which the court is empowered to examine the parties before settlement of issues to find out “what the actual controversy between them is?”.
When the question is whether a party should be held bound by an admission in his pleadings, it is the duty of the court to look to the pleadings as a whole and not to dissect a fact out of the pleadings.
During the
course of the hearing of the suit, the Trial Court record the statements of
parties and their pleaders under the provisions of Order X Rule 2 of the Code
of Civil Procedure 1908 (CPC).[1]
List of Authorities:
[1] M Siddiq (D) through LRs Vs Mahant Suresh Das and Others [SC]
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