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State of Himachal Pradesh - Section

Section 31 in Standing Order No. 2 Of The Financial Commissioner Himachal Pradesh

31.

Order X, rule 2 of the Code empowers the Court at the first or any subsequently hearing to examine any party appearing in person or present in Court or any person accompanying him, who is able to answer all material questions relating .to the suit. This is a most valuable provision and if properly used results frequently in saving lot of time. To use it properly, the Court should begin by studying the pleas and recording the admissions and denials of the parties under Order X, rule 1 as stated above. The Court then be in a position to ascertain what facts need further dedication by examination of the parties. The parties should then be examined alternatively on all such points and the process of examination continued/until all the matters in conflict and especially matters of facts are clearly brought to a focus. When there are more defendants than one, they should be examined separately so as to avoid any confusion between their respective defences.