02 Mar 2026 +880 1886 456688
image

Laws & Rules

The Code of Civil Procedure, 1908
Click here for Deep-Dive

ORDER X : EXAMINATION OF PARTIES BY THE COURT ( Order & Rules )
Rule-1. Ascertainment whether allegations in pleadings are admitted or denied

At the first hearing of the suit the Court shall ascertain from each party or his pleader whether he admits or denies such allegations of fact as are made in the plaint or written statement (if any) of the opposite party, and as are not expressly or by necessary implication admitted or denied by the party against whom they are made. The Court shall record such admissions and denials.

Rule-2. Oral examination of party or companion of party

At the first hearing of the suit, or at any subsequent hearing, any party appearing in person or present in Court, or any person able to answer any material questions relating to the suit by whom such party or his pleader is accompanied, may be examined orally by the Court; and the Court may, if it thinks fit, put in the course of such examination questions suggested by either party.

Rule-3. Substance of examination to be written

The substance of the examination shall be reduced to writing by the Judge, and shall form part of the record.

Rule-4. Consequence of refusal or inability of pleader to answer

(1) Where the pleader of any party who appears by a pleader or any such person accompanying a pleader as is referred to in rule 2, refuses or is unable to answer any material question relating to the suit which the Court is of opinion that the party whom he represents ought to answer, and is likely to be able to answer if interrogated in person, the Court may postpone the hearing of the suit to a future day and direct that such party shall appear in person on such day.

(2) If such party fails without lawful excuse to appear in person on the day so appointed, the Court may pronounce judgment against him, or make such order in relation to the suit as it thinks fit.

img