Introduction 

• Order X of Code of Civil Procedure, 1908 (CPC) deals with the rules based on the examination of parties at first hearing. 
• The expression first hearing is not defined anywhere in the CPC. 
• The first day basically means when the pleadings between the parties initiate and the court examines the contentions of both the parties. 
• The court functions in the following steps: 
  • Presentation of plaint 
  • Written statement filed by the parties 
  • Framing and settlement of issues 
  • First hearing of the suit 
• The trial starts after the first hearing. In other words, it can be said that after applying judicial minds for issue framing or evidence examination is first hearing. 

What is Order X of CPC? 

• It states the rules for examination of parties by the court. 
  • Ascertainment whether Allegations in Pleadings are Admitted or Denied (Rule 1): 
    • The court shall ascertain each part at the first hearing or to his pleader to admit or deny facts pleaded in the plaint and written statement and the parties need to expressly deny or admit otherwise the same shall be deemed to be admitted. 
  • Direction of the Court to opt for any one Mode of Alternative Dispute Resolution (Rule 1A): 
    • After recording admissions and denials the court shall direct the parties to opt either for outside the court settlement or other authority and then the court shall fix a date for appearance of the parties. 
  • Appearance before the Conciliatory Forum or Authority (Rule 1B): 
    • The parties shall make their appearance before the authority opted under Rule 1A. 
  • Appearance before the Court Consequent to the Failure of Efforts of Conciliation (Rule 1C): 
    • If the presiding officer of conciliation forum or authority feels that the matter is not proper to proceed with in the interest of justice, it shall refer the same to the court and direct the party to appear before the court fixed by them. 
  • Oral examination of Party, or Companion of Party (Rule 2): 
    • At the first hearing the court: 
      • Shall examine the parties orally as it deems fit. 
      • May examine any person who is able to answer material questions in the suit presented by any of the parties. 
    • At the subsequent hearing the court may examine parties or any person who can answer the material questions in the suit. 
    • The court may put in the course of an examination under this rule questions suggested by either party. 
  • Substance of Examination to be Written (Rule 3): 
    • The court shall reduce in writing or record the substantial part of the hearing. 
  • Consequence of Refusal or Inability of Pleader to Answer (Rule 4): 
    • If the pleader of the parties 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 2[may postpone the hearing of the suit to a day not later than seven days from the date of first hearing] and direct that such party shall appear in person on such day. 
    • 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. 

Landmark Judgements 

• State of Uttar Pradesh v. Mohammad Nooh (1957): 
  • In this case a principle was set by the court that a case can be disposed of at the first hearing. 
• Kapil Corepacks Pvt. Ltd. & Ors. v. Shri Harbans Lal (Since Deceased) Through Lrs. (2010): 
  • The court held that the court may call upon the parties to admit or deny any document. 

Conclusion 

Examination of parties by the court is the most crucial step as at this stage the court gets a clear understanding of the suit by determining the contentions of the parties and the issues raised by them. The court may also dispose of the matter at this stage after applying judicial mind and by determining the evidence accompanied by the parties.