Rule 4 of CPC : Rule 4: Court may examine witnesses or documents before framing issues.

Explanation using Example

Example 1:

Scenario: A property dispute case is being heard in a civil court in Mumbai. The plaintiff claims that a piece of land belongs to him based on a will left by his deceased father. The defendant, however, argues that the will is forged and that the land was sold to him by the plaintiff's father before his death.

Application of Rule 4: The court is unable to frame the issues correctly because the original will and the sale deed are not produced in court. The court decides that it needs to examine these documents to understand the validity of the claims. Therefore, the court adjourns the framing of issues for seven days and issues a summons to the local registrar's office to produce the original will and sale deed. Additionally, the court summons a handwriting expert to examine the signatures on the documents.

Example 2:

Scenario: In a breach of contract case in Delhi, the plaintiff alleges that the defendant failed to deliver goods as per the contract terms. The defendant contends that the goods were delivered, and the plaintiff acknowledged receipt.

Application of Rule 4: The court finds it challenging to frame the issues because the delivery receipts and the contract documents are not presented in court. The court decides that it needs to inspect these documents to determine the facts. Consequently, the court adjourns the framing of issues for seven days and issues a summons to the defendant to produce the delivery receipts and the original contract. The court also summons the warehouse ma...

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