Rule 6 of CPC : Rule 6: Powers of the Court in a Case Management Hearing.

Explanation using Example

Example 1:

Scenario: A property dispute between two brothers, Raj and Ravi, over their ancestral land.

Application of Rule 6:

1. Pending Application (6(a)): Before framing the issues, the court hears and decides on Raj's application for summary judgment under Order XIII-A, claiming that Ravi has no valid defense.
2. Document Compilation (6(b)): The court directs both Raj and Ravi to file all relevant documents and pleadings necessary for framing the issues.
3. Time Extension (6(c)): Raj requests an extension to submit additional documents. The court finds sufficient reason and grants an extension.
4. Adjournment (6(d)): Ravi's lawyer falls ill, and the court adjourns the hearing to a later date.
5. Examination (6(e)): The court directs Ravi to attend for examination under Rule 2 of Order X to clarify certain facts.
6. Consolidation (6(f)): The court consolidates this case with another related case involving the same property dispute.
7. Striking Off Witness (6(g)): The court strikes off a witness proposed by Raj, deeming the witness irrelevant to the issues framed.
8. Separate Trial (6(h)): The court orders a separate trial for the issue of property ownership.
9. Order of Issues (6(i)): The court decides that the issue of property ownership will be tried first.
10. Exclusion of Issue (6(j)): The court excludes the issue of property valuation from consideration at this stage.
11. Preliminary Judgment (6(k)): After deciding on the preliminary issue of ownership, the court dismisses Ravi's claim.
12. Evidence by Commission (6(l)): The court directs that evidence be recorded by a commission due to the complexity of the case.
13. Rejection of Affidavit (6(m)): The court rejects an affidavit filed by Raj for containing argumentative material.
14. Striking Off Affidavit Parts (6(n)): The court strikes off parts of Ravi's affidavit that are irrelevant.
15. Delegation of Evidence Recording (6(o)): The court delegates the recording of evidence to a court-appointed authority.
16. Monitoring Order (6(p)): The court passes an order to monitor the recording of evidence by the commission.
17. Costs Budget (6(q)): The court orders both parties to file and exchange a costs budget.
18. Case Management Order (6(r)): The court issues directions to ensure the efficient disposal of the suit.

Conditions and Consequences (6(2)):

• The court orders Raj to deposit a sum of money into the court as a condition for granting the extension.
• The court specifies that failure to comply with the order will result in the dismissal of Raj's application.

Settlement Possibility (6(3)):

• While fixing the date for the Case Management Hearing, the court directs both Raj and Ravi to be present, considering the possibility of an amicable settlement.

Example 2:

Scenario: A contractual dispute between a contractor, Meera, and a company, XYZ Ltd., over delayed construction work.

Application of Rule 6:

1. Pending Application (6(a)): Before framing the issues, the court hears and decides on XYZ Ltd.'s application for summary judgment under Order XIII-A, claiming Meera has no valid defense.
2. Document Compilation (6(b)): The court directs both Meera and XYZ Ltd. to file all relevant documents and pleadings necessary for framing the issues.
3. Time Extension (6(c)): Meera requests an extension to submit additional documents. The court finds sufficient reason and grants an extension.
4. Adjournment (6(d)): XYZ Ltd.'s lawyer is unavailable, and the court adjourns the hearing to a later date.
5. Examination (6(e)): The court directs Meera to attend for examination under Rule 2 of Order X to clarify certain facts.
6. Consolidation (6(f)): The court consolidates this case with another related case involving the same contractual dispute.
7. Striking Off Witness (6(g)): The court strikes off a witness proposed by Meera, deeming the witness irrelevant to the issues framed.
8. Separate Trial (6(h)): The court orders a separate trial for the issue of contract breach.
9. Order of Issues (6(i)): The court decides that the issue of contract breach will be tried first.
10. Exclusion of Issue (6(j)): The court excludes the issue of damages from consideration at this stage.
11. Preliminary Judgment (6(k)): After deciding on the preliminary issue of breach, the court dismisses XYZ Ltd.'s claim.
12. Evidence by Commission (6(l)): The court directs that evidence be recorded by a commission due to the complexity of the case.
13. Rejection of Affidavit (6(m)): The court rejects an affidavit filed by Meera for containing argumentative material.
14. Striking Off Affidavit Parts (6(n)): The court strikes off parts of XYZ Ltd.'s affidavit that are irrelevant.
15. Delegation of Evidence Recording (6(o)): The court delegates the recording of evidence to a court-appointed authority.
16. Monitoring Order (6(p)): The court passes an order to monitor the recording of evidence by the commission.
17. Costs Budget (6(q)): The court orders both parties to file and exchange a costs budget.
18. Case Management Order (6(r)): The court issues directions to ensure the efficient disposal of the suit.

Conditions and Consequences (6(2)):

• The court orders Meera to deposit a sum of money into the court as a condition for granting the extension.
• The court specifies that failure to comply with the order will result in the dismissal of Meera's application.

Settlement Possibility (6(3)):

• While fixing the date for the Case Management Hearing, the court directs both Meera and XYZ Ltd. to be present, considering the possibility of an amicable settlement.