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

CPC

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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 Managemen...

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