OF THE APPEARANCE OF THE PARTIES AND CONSEQUENCE OF NON-APPEARANCE. 96. Parties to appear on day fixed in summons for defendant to appear and answer. 97. Dismissal of suit where summons not served in consequence of plaintiff's failure to pay fee for issuing it. Proviso. 98. If neither party appear, suit to be dismissed. 99. In such case plaintiff may bring fresh suit; or Court may restore the suit to its file. 100. Procedure if only plaintiff appear when summons was duly served, when summons not duly served, when summons served, but not in due time. 101. Procedure where defendant appears on day of adjourned hearing, and assigns good cause for previous non-appearance. 102. Procedure where defendant only appears. Decree against plaintiff by default bars fresh suit. 103. Procedure where defendant residing out of British India does not appear. 104. Procedure in case of non-attendance of one or more of several plaintiffs. 105. Procedure in case of non-attendance of one or more of several defendants. 106. Consequence of non-attendance, without sufficient cause shown, of party ordered to appear in person. 107. Court to receive written declaration in support of cause shown for failure to appear. 108. Setting aside decree ex parte against defendant. 109. No decree to be set aside, without notice to opposite party. CHAPTER VIII. OF WRITTEN STATEMENTS AND SET-OFF. 110. Written statements. 111. Particulars of set-off to be given in written statement. Enquiry. Effect of set-off. Relinquishment of portion of claim for purpose of set-off. SECTIONS. 112. No written statement to be received after first hearing unless called for by Court. Court may at any time call for written statement. 113. Procedure when party fails to present written statement called for by Court. 114. Frame of written statements. 115. Written statements to be subscribed and verified. 116. Rejection of argumentative, prolix or irrelevant written state ments. Attestation of amendments. Effect of rejection. CHAPTER IX. OF THE EXAMINATION OF THE PARTIES BY THE COURT. 117. Ascertainment from each party whether allegations in written statements are admitted or denied. 118. Oral examination of party or companion of himself or his pleader. 119. Substance of examination to be written. 120. Consequence of refusal or inability of pleader to answer. CHAPTER X. OF DISCOVERY AND OF THE ADMISSION, INSPECTION, PRODUCTION, IMPOUNDING AND RETURN OF DOCUMENTS. 121. Power to deliver interrogatories. 122. Service of interrogatories. 123. Inquiry into propriety of exhibiting interrogatories. 124. Service of interrogatories on officer of corporation or company. 125. Power to strike out interrogatories as irrelevant, &c. 126. Time for filing affidavit in answer. 127. Procedure where a party omits to answer sufficiently. 128. Power to demand admission of genuineness of documents. 129. Application for order for discovery of document. Affidavit in answer to such order. 130. Power to order production of documents during suit. 131. Notice to produce for inspection documents referred to in plaint, &c. Consequence of non-compliance with such notice. SECTIONS. 132. Party receiving such notice to deliver notice when and where inspection may be had. 133. Application for order of inspection. 134. Application to be founded on affidavit. 135. Power to order issue or question on which right to discovery depends to be first determined. 136. Consequences of failure to answer or give inspection. 137. Court may send for papers from its own records or from other Courts. 138. Documentary evidence to be in readiness at first hearing. 139. Effect of non-production of documents. 140. Documents to be received by Court. Rejection of irrelevant or inadmissible documents. 141. No documents to be placed on record unless proved. Proved documents to be marked and filed. Entries in shop-books. 142. Rejected documents to be marked, and returned, unless detained by Court. 143. Court may order any document to be impounded. 144. After lapse of time for appeal, document admitted in evidence may be returned. When document may be returned before time limited. Document not be returned in certain cases. Receipt to be given for returned document. 145. Provisions as to documents applied to material objects. CHAPTER XI. OF THE SETTLEMENT OF ISSUES. 146. Framing of issues. 147. Allegations from which issues may be framed. 148. Court may examine witnesses or documents before framing issues. 149. Power to amend, add and strike out issues. 150. Questions of fact or law may by agreement be stated in the form of an issue. 151. Court if satisfied that the agreement was executed in good faith may give judgment. SECTIONS. CHAPTER XII. DISPOSAL OF THE SUIT AT THE FIRST HEARING. 152. If parties are not at issue on any question of law or fact. 153. If one of several defendants be not at issue with the plaintiff. 154. If parties are at issue on questions of law or fact. Court may determine issue and pronounce judgment. 155. If either party fails to produce his evidence, Court may pronounce judgment. Procedure where Court cannot pronounce judgment at first hearing. CHAPTER XIII. OF ADJOURNMENTS. 156. Court may grant time, or adjourn hearing. Costs of adjournment. 157. Procedure if parties fail to appear on day fixed. 158. Court may proceed notwithstanding either party fails to produce his evidence. CHAPTER XIV. OF THE SUMMONING AND ATTENDANCE OF WITNESSES. 159. Summons to attend to give evidence or produce documents. 160. Expenses of witnesses to be paid into Court on applying for summons. Scale of expenses. 161. Tender of expenses to witness. 162. Procedure where insufficient sum paid in. Expenses if witness detained more than one day. 163. Time, place, and purpose of attendance to be specified in summons. 164. Summons to produce document. 165. Power to require persons present in Court to give evidence. 166. Summons how served. 167. Time for serving summons. 168. Attachment of property of absconding witness. 169. If witness appears, attachment may be withdrawn. 170. Procedure if witness fails to appear. 171. Court may of its own accord summon as witnesses strangers to suit. SECTIONS. 172. Persons summoned to give evidence must attend. 173. When they may depart. 174. Consequences of non-attendance. 175. Consequences of refusal to give evidence or produce documents. 176. Person summoned to attend in person if so required. 177. Consequence of refusal of party to give evidence when called on by the Court. 178. Rules as to witnesses to apply to parties summoned. CHAPTER XV. OF THE HEARING OF THE SUIT AND EXAMINATION OF WITNESSES. 179. Statement and production of evidence by party having right to begin. Rules as to right to begin. 180. Statement and production of evidence by other party. Reply by party beginning. 181. Witnesses to be examined in open Court. 182. How evidence shall be taken in appealable cases. 183. When witness may require his deposition to be interpreted. 184. Memorandum when evidence is not taken down by Judge. 185. When evidence may be taken in English. 186. Any particular question and answer may be taken down. 187. Questions objected to. 188. Remarks on demeanour of witnesses. 189. Memorandum of evidence in unappealable cases. 190. Judge unable to make such memorandum to record reason of his inability. 191. Power to deal with evidence taken down by Judge removed before conclusion of suit. 192. Power to examine witness immediately. 193. Court may recall and examine witness. CHAPTER XVI. OF AFFIDAVITS. 194. Power to order any point to be proved by affidavit. 195. When evidence may be given by affidavit. 196. Matters to which affidavits shall be confined. 197. Oath of declarant by whom to be administered. |