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State of Jammu-Kashmir - Section

Section 1C in The Code of Civil Procedure, Svt. 1977 (1920 A.D.)

1C. Appearance before the court consequent to the failure of efforts of conciliation. - Where a suit is referred under rule 1A and the presiding officer of conciliation forum or authority is satisfied that it would not be proper in the interest of justice to proceed with the matter further, then, it shall refer the matter again to the Court and direct the parties to appear before the Court on the date fixed by it.] [[Inserted by Act XI of 1983, Section 53 w.e.f. 15-08-1983.[<i>Explanation.</i> - Where there has been an appeal against a decree passed ex parte under this rule, and the appeal has been disposed of on any ground other than the ground that the appellant has withdrawn the appeal, no application shall lie under this rule for setting aside that ex parte decree].</P>

<b>14. No decree to be set aside without notice to opposite party.</b> - No decree shall be set aside on any such application as aforesaid unless notice thereof has been served on the opposite party.</P><p align=center><b><i>Order X (R, 1-4).</b></i></P><p align=center><b>Examination of Parties by the Court.</b></P><b>1. Ascertainment whether allegations in pleadings are admitted or denied.</b> - At the first hearing of the suit the Court shall ascertain from each party or his pleader whether he admits or denies such allegations of fact as are made in the plaint or written statement (if any) of the opposite party, and as are not expressly or by necessary implication admitted or denied by the party against whom they are made. The Court shall record such admissions and denials.</P><SPAN class=amd2><A TITLE =]][2. Oral examination of party, or companion of party. - (1) At the first hearing of the suit, the Court,(a)shall, with a view to elucidating matter in controversy in the suit, examine orally such of the parties to the suit appearing in person or present in Court, as it deems fit; and(b)may orally examine any person, able to answer any material question relating to the suit, by whom any party appearing in person or present in Court or his pleader is accompanied.
(2)At any subsequent hearing, the Court may orally examine any party appearing in person, or present in Court, or any person able to answer any material question relating to the suit, by whom such party or his pleader is accompanied.
(3)The Court may, if it thinks fit, put in the course of an examination under this rule questions suggested by either party] [Substituted by Act XI of 1983, Section 54 w.e.f. 15-08-1983.].