Appearance of Parties and consequences of non-appearance (Contd.) Where only defendant appears:- Dismissal or decree by admission ( 8); No fresh suit (9); Consequence for personal non-appearance (by either side)(12);

Ex parte hearing When defendant does not appear after service [6(a)]; May be permitted to contest later (7); Setting aside Ex-parte Decree (Order IX Rule 13) Generally allowed for non- service; Allowed in case of sufficient cause; Terms and conditions in Court’s discretion; Mere irregularity of service not sufficient if there was notice and time; Orders allowing restoration of suits and setting aside ex parte decrees, or otherwise, are appealable;

Settlement of Issues (Order XIV) Issues arise when any material propositions of fact or Law are affirmed by one party and denied by other [(R. 1)]; Issues are of two kinds (4):- a) Issues of fact b) Issues of Law Issues ascertained and framed by studying variances in the pleadings / contentions of parties; Ubiquitous Issue:- “Is the suit maintainable (in its present form)?”

Decisions on Issues All issues need to be decided [R.2(1)]; But visible preliminary issues regarding (a) Court’s Jurisdiction or, any (b) apparent legal bar to suit may lead to postponement of settlement of other issues [Rule2 (2)];

Hearing of Suits, Stages in Suit hearing/trials Filing in Court, Preliminary Scrutiny (O.VII), Issuance of Summons / Notices (O. V), Ascertaining Contest after Service (O.IX), Completion of pleadings (WS / Replies etc.) (O.VIII), Disposal of Interlocutory Applications, Framing of Issues (At any stage before Final / Per emptory Hearing), Discovery, inspection and admissions (O.XI); Per emptory Hearing - Evidence of plaintiff to be followed by- Evidence of defence side (Order XVIII); Cross-examination of witnesses giving evidence in chief by way of affidavits (Post amendment); Hearing arguments after conclusion of evidence;

Hearing of Suits, Stages in Suit hearing/trials (Contd.) Arguments:- Not specifically laid down, but arguments are inherent for removal of doubts and proper adjudication; 13. Procedure of arguments generally laid down by local High Court Rules; 14. The party completing evidence normally commences its composite arguments; 15. The other party then replies to his opponent’s arguments; 16. The first party thereafter replies on points of law before the matter proceeds into the court’s exclusive domain for final decision; 17. Judgement (O.XX).