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Civil Procedure Code Relief

Disposal of the suit at first hearing (order 15)

A Court may also dispose of the suit in it's very first hearing, on any one of the following grounds: -

  1. NO ISSUE: If no relevant issue is raised before the court, by either of the parties during first hearing, the court may dispose of the suit.
  2. One Of Several Defendants Not At Issue:
  • If there are more than one defendant, and any of the defendant is not in issue i.e. not connected with the case filed, then the court may dispose of the suit against or in favor of such defendant only.
  • With respect to other defendants, the suit will continue in its usual course.

Failure to produce evidence: If either party, fails to produce evidence without any justifiable reasons, then the court may pass a judgment, without going any further.

Irrelevant parties: If irrelevant parties have been imploded in the plaint, the court may either order for deletion of such names, or out rightly reject the suit.

Security to be deposited by defendant or plaintiff (order 24 & 25)

  • The court may order the defendant to deposit a specific amount of money, in a suit filed against him for recovery of any debt.
  • he court may also order plaintiff to deposit any kind of security, on an application made by the defendant
  • Such an order is passed, to ensure the Bonafide and Integrity of the parties to the suits.

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