order xv a
case management hearing
1. First Case Management Hearing.
The Court shall hold the first Case Management Hearing, not
later than four weeks from the date of filing of affidavit of admission or denial of documents by all parties
to the suit.
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2. Orders to be passed in a Case Management Hearing.
In a Case Management Hearing, after
hearing the parties, and once it finds that there are issues of fact and law which require to be tried, the
Court may pass an order––
(a) framing the issues between the parties in accordance with Order XIV of the Code of Civil
Procedure, 1908 (5 of 1908) after examining pleadings, documents and documents produced before it,
and on examination conducted by the Court under Rule 2 of Order X, if required;
(b) listing witnesses to be examined by the parties;
(c) fixing the date by which affidavit of evidence to be filed by parties;
(d) fixing the date on which evidence of the witnesses of the parties to be recorded;
(e) fixing the date by which written arguments are to be filed before the Court by the parties;
(f) fixing the date on which oral arguments are to be heard by the Court; and
(g) setting time limits for parties and their advocates to address oral arguments.
3. Time limit for the completion of a trial.
In fixing dates or setting time limits for the purposes of
Rule 2 of this Order, the Court shall ensure that the arguments are closed not later than six months from
the date of the first Case Management Hearing.
4. Recording of oral evidence on a day-today basis.
The Court shall, as far as possible, ensure
that the recording of evidence shall be carried on, on a day-to-day basis until the cross-examination of all
the witnesses is complete.
5. Case Management Hearings during a trial.
The Court may, if necessary, also hold Case
Management Hearings anytime during the trial to issue appropriate orders so as to ensure adherence by
the parties to the dates fixed under Rule 2 and facilitate speedy disposal of the suit.
6. Powers of the Court in a Case Management Hearing.
(1) In any Case Management Hearing
held under this Order, the Court shall have the power to—
(a) prior to the framing of issues, hear and decide any pending application filed by the parties
under Order XIII-A;
(b) direct parties to file compilations of documents or pleadings relevant and necessary for
framing issues;
(c) extend or shorten the time for compliance with any practice, direction or Court order if it finds
sufficient reason to do so;
(d) adjourn or bring forward a hearing if it finds sufficient reason to do so;
(e) direct a party to attend the Court for the purposes of examination under Rule 2 of Order X;
(f) consolidate proceedings;
(g) strike off the name of any witness or evidence that it deems irrelevant to the issues framed;
(h) direct a separate trial of any issue;
(i) decide the order in which issues are to be tried;
(j) exclude an issue from consideration;
(k) dismiss or give judgment on a claim after a decision on a preliminary issue;
(l) direct that evidence be recorded by a Commission where necessary in accordance with Order
XXVI;
(m) reject any affidavit of evidence filed by the parties for containing irrelevant, inadmissible or
argumentative material;
(n) strike off any parts of the affidavit of evidence filed by the parties containing irrelevant,
inadmissible or argumentative material;
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(o) delegate the recording of evidence to such authority appointed by the Court for this purpose;
(p) pass any order relating to the monitoring of recording the evidence by a commission or any
other authority;
(q) order any party to file and exchange a costs budget;
(r) issue directions or pass any order for the purpose of managing the case and furthering the
overriding objective of ensuring the efficient disposal of the suit.
(2) When the Court passes an order in exercise of its powers under this Order, it may—
(a) make it subject to conditions, including a condition to pay a sum of money into Court; and
(b) specify the consequence of failure to comply with the order or a condition.
(3) While fixing the date for a Case Management Hearing, the Court may direct that the parties also
be present for such Case Management Hearing, if it is of the view that there is a possibility of settlement
between the parties.
7. Adjournment of Case Management Hearing.
(1) The Court shall not adjourn the Case
Management Hearing for the sole reason that the advocate appearing on behalf of a party is not present:
Provided that an adjournment of the hearing is sought in advance by moving an application, the Court
may adjourn the hearing to another date upon the payment of such costs as the Court deems fit, by the
party moving such application.
(2) Notwithstanding anything contained in this Rule, if the Court is satisfied that there is a justified
reason for the absence of the advocate, it may adjourn the hearing to another date upon such terms and
conditions it deems fit.
8. Consequences of non-compliance with orders.
Where any party fails to comply with the order
of the Court passed in a Case Management Hearing, the Court shall have the power to—
(a) condone such non-compliance by payment of costs to the Court;
(b) foreclose the non-compliant party’s right to file affidavits, conduct cross-examination of
witnesses, file written submissions, address oral arguments or make further arguments in the trial, as
the case may be, or
(c) dismiss the plaint or allow the suit where such non-compliance is wilful, repeated and the
imposition of costs is not adequate to ensure compliance.