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Report No. 77

5.7. Necessity to record statements before issues.-

One of the most important provisions which can go a long way in curtailing the evidence and circumscribing the area of controversy is that contained in Order X, C.P.C., relating to examination of the parties by the court before the framing of the issues. Experience tells us that if proper use is made of these provisions and the statements of parties are recorded before the framing of the issues, many admissions, which do not appear in the pleadings are made.

Even when the parties are at variance on certain points, the statements can reveal the absence of difference up to a certain extent. The admission about the execution of documents before fhe framing of the issues also helps in narrowing the area of controversy. The inevitable effect of all.this would be to obviate the necessity of producing evidence in respect of matters which stand admitted as a result of the recording of statements of parties under Order X.



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