# answer any question put by the court suo motu or on the suggestion of the opposite-party

- **Citation:** C.L. No. 66/VII
- **Court:** Allahabad High Court
- **Decided:** 1918-01-31
- **Case number:** C.L. No. 66/VII
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/answer-any-question-put-by-the-court-suo-motu-or-on-the-suggestion-of-the-163071
- **Pages:** 1

## Text

128
explain the counter allegations, if any, contained in the written statement. The replication
should generally be filed a few days before the date fixed for issues. Before the
settlement of issues in contested cases, except where the plaint if brief and clear the
parties must be examined to clarify the pleadings and to determine the matters under
contest.
 The Judge's notes may also indicate the step taken if any in the light of the above
direction.
Cases for settlement of issues should, as far as possible, be taken up first and the
issues framed in the presence of the parties or their counsel, after obtaining the
admissions and denials of documents filed by the opposite-party. The counsel should
come fully prepared with the facts of the case or should see that the parties are present to
answer any question put by the court suo motu or on the suggestion of the opposite-party.
Issues when framed should be read over to the parties, and if no further issue is pressed, a
note to that effect should be made in the Judge's notes.
Immediately after the issues have been struck the presiding officer should
consider, may be on an application by a party, if the preparation of a site plan or enquiry
after local inspection at the spot is necessary for the proper decision of the case. The
commission should, as far as possible be issued on that very day with clear and detailed
direction to be recorded in the Judge's notes, as to what the Commissioner is required to
show in the plan and on what points he is required to make specific report. If any witness
is to be examined on commission the court may consider the issue of a commission then
and not postpone it till after the recording of the entire oral evidence.
Wherever necessary there should be a replication by the plaintiff to admit, deny or
to explain the counter allegations, if any, contained in the written statement. The
replication should generally be filed a few days before the date fixed for issues. Before
settlement of issues in contested cases, except where the plaint is brief and clear, the
parties must be examined to clarify the pleadings and to determine the matters under
contest.
C.L. No. 66/VII d-148-Admn. (D) dated 24th October,1983
The Courts should make proper use of the powers vested in them under Order X,
Rule 2 C.P.C. not only at the times of framing of the issues, but also at the stage of
evidence to clarify the ambiguity and vagueness in the pleadings and pinpoints dispute
between the parties.
(vi)
 Deciding question of limitation
G.L. No. 277/67-1 dated 31st January, 1918
Whenever an objection is raised that any proceeding is beyond time, the question
of limitation should be determined so far as the court can determine it, after due notice to
all parties.
(vii) Powers of the court to filling the written Statement vis-à-vis the provisions of

order VIII rule 1 of the Code of Civil Procedure
C.L.No. 26/ Admin. `G`/2005:dated: 9th August, 2005