Parties not at issue
Full Text
Where at the first hearing of a suit it appears that the parties are not at issue on any question of law or of fact, the Court may at once pronounce judgment.
Plain English Summary
Empowers the court at the first hearing to immediately pronounce final judgment and conclude the suit if the parties are not at variance on any material question of law or fact.
Key Legal Elements
- First Hearing Adjudication: Immediate conclusion of proceedings at the earliest judicial threshold.
- Absence of Triable Issues: No variance on law or fact following Order X oral examination and admission/denial.
- Discretionary Power of Court: Court 'may' at once pronounce judgment or grant formal decree.
- Distinguished from Order XII Rule 6: Operates on complete lack of controversy rather than an isolated admission.
Practical Note
Immediate Judgment at First Hearing: 1. Scope: Where defendant appears and expressly states in written statement or during Order X examination that he does not contest the plaintiff's claim (e.g., admitting loan disbursement and offering to repay), counsel for plaintiff should move under Order XV Rule 1 CPC for immediate pronouncement of judgment. 2. Supreme Court Ruling in Balraj Taneja v. Sunil Madan (1999) 8 SCC 396: Reaffirmed that courts should not prolong litigation into formal trial when parties are not at issue.
हिंदी पाठ
जहां वाद की पहली सुनवाई पर यह प्रतीत होता है कि पक्षकारों में विधि या तथ्य के किसी भी प्रश्न पर कोई मतभेद (Not at issue) नहीं है, वहां न्यायालय तुरंत निर्णय सुना सकेगा (May at once pronounce judgment)।