(1)All matters preliminary to a trial should be settled before a date is fixed for trial. Neglect of rule may involve the re-opening of a case after the arguments have been heard. Preliminaries include the settlement of questions as to the addition of parties, amendment of plaint when it does not conform to the forms given in the Civil Procedure Code, the appointment of guardians ad litem of minor defendants, the discovery and inspection of documents and the production thereof, securing admissions as to facts and documents, the framing of issues, the execution of commissions for preparing essential maps or plans and the disposal of preliminary issues, if any.(2)On the completion of the interlocutory stage it will generally be convenient to fix an early date called the "settling date" for giving in lists of witnesses and paying the necessary process fee and expenses. On that date information should be obtained that will enable the probable length of trial to be estimated, and a date or several consecutive dates should then be fixed for recording evidence.Note 1. - On the "settling date", the Court must insist on the parties taking all steps necessary to bring the case to trial, e.g., applying for commission for the examination of witnesses, requisitioning any further records and documents that may be required, filing a list of witnesses to whom the issue of summons is required together with necessary particulars to permit the service of summons, paying necessary process-fees and expenses, and, in cases where parties propose to produce witnesses and do not require tire issue of summons, indicating the number of such witnesses so as to permit an estimate of the length of trial. Parties failing to take any such steps on the day or failing to avail themselves of the procedure for enforcing attendance of witnesses by summons, will do so at their own risk and any application for the purpose made at a later stage will not be granted as a matter of course. In particular the attention of the Courts is drawn to the consequences that may follow failure to pay process-fees and expenses on the "settling date", or in exceptional cases, on such near date as the Court may fix. The Court is bound to grant summons at any time before the date fixed for the examination of the witnesses and should afford all reasonable assistance in obtaining service, but if the summons is not served or is not received back the Court is not bound to grant an adjournment.Note 2. - The costs of producing witnesses or documents under Order XVI, Rule 1-A of the Code of Civil Procedure shall be costs in the cause.
