(1)The attention of presiding Judges is directed to the provisions of Rule 1, Order X which are rarely observed. If the allegations of fact made in the plaint or written statement are not admitted or denied in the pleadings, either expressly or by clear implication, the Court should at the first hearing proceed to question the party or his pleader and record categorically his admission or denial of those allegations.(2)Order X, Rule 2, empowered the Court at the first or any subsequent hearing to examine any party appearing in person or present in Court, or any person by whom the party or his pleader is accompanied and who is able to answer material questions. This does not include a pleader but does include a person having knowledge of material facts who accompanies the pleader. This power (under Order X, Rule 2) is intended to be used by the Judge only when he finds it necessary to obtain from such party information on any material question. It is not intended as a substitute for pleadings or as a substitute for trial.(3)Examination of the parties Order X, Rule 2, is intended to assist in settling the issue, not a mode of modifying pleadings. It should normally only be necessary in which illiterate litigants are concerned whose defective instructions have resulted in vague and irrelevant allegations in the pleadings. If irrelevant and scandalous allegations are made in pleadings they may be struck out but normally pleadings should only be amended on application made.
