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State of Rajasthan - Section

Section 13A in The Rajasthan Subordinate Courts Case Flow Management Rules, 2006

13A.

At the first hearing when the matter comes back on failure of conciliation or mediation of Lok Adalat, the Judge may enquire whether it is still possible for the parties to resolve the dispute. If the parties are not keen about settlement, the Court will frame the issues and direct the plaintiff to start examining his witnesses. The procedure of each witness filing his examination-in-chief and being examined in cross or re-examination will continue, one after the other. After completion of evidence on the plaintiffs side, the defendant will lead evidence likewise, whether after witness, the chief examination of each witness being by affidavit and the witness being then cross-examined or reexamined. The parties will keep the affidavit in chief-examination ready whenever the witness's examination is taken up age As far as possible, evidence must be taken up day by day as stated in clause (a) of proviso to Rule 2 of Order XVII. The parties will also indicate the likely duration for the evidence to be completed, and for the arguments to be thereafter heard. The Judge will ascertain the availability of time of the Court and will list the matter for trial on a date when the trial can go on from day to day and conclude the evidence. However, the possibility of further negotiation and settlement will remain open and if such a settlement takes place, it will be open to the parties to move the registry/office for getting the matter listed at an earlier date for disposal.