CPC Order 10: Examination of Parties by the Court — इस आदेश में 7 नियम हैं। / Order 10 of the First Schedule, 7 rules.
आदेश 10 — Examination of Parties by the Court
नियमों की सूची / Rules index
- Rule 1: Ascertainment whether allegations in pleadings are admitted or denied
- Rule 1A: Direction of the court to opt for any one mode of alternative dispute resolution
- Rule 1B: Appearance before the conciliatory forum or authority
- Rule 1C: Appearance before the court consequent to the failure of efforts of conciliation
- Rule 2: Oral examination of party, or companion of party
- Rule 3: Substance of examination to be written
- Rule 4: Consequence of refusal or inability of pleader to answer
आधिकारिक पाठ (अंग्रेज़ी) / Official text
Order 10 Rule 1 — Ascertainment whether allegations in pleadings are admitted or denied
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.
Order 10 Rule 1A — Direction of the court to opt for any one mode of alternative dispute resolution
After recording the admissions and denials, the court shall direct the parties to the suit to opt either mode of the settlement outside the court as specified in sub-section (1) of section 89. On the option of the parties, the court shall fix the date of appearance before such forum or authority as may be opted by the parties.
Order 10 Rule 1B — Appearance before the conciliatory forum or authority
Where a suit is referred under rule 1A, the parties shall appear before such forum or authority for conciliation of the suit.
Order 10 Rule 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.
Order 10 Rule 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 matters 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. 1. The proviso added by Act 104 of 1976, s. 59 (w.e.f. 1-2-1977). 2. Explanation ins. by s. 59, ibid. (w.e.f. 1-2-1977). 3. Ins. by Act 46 of 1999, s. 20 (w.e.f. 1-7-2002). 4. Subs. by Act 104 of 1976, s. 60, for rule 2 (w.e.f. 1 -2-1977).
Order 10 Rule 3 — Substance of examination to be written
The substance of the examination shall be reduced to writing by the Judge, and shall form part of the record.
Order 10 Rule 4 — Consequence of refusal or inability of pleader to answer
(1) Where the pleader of any party who appears by a pleader or any such person accompanying a pleader as is referred to in rule 2, refuses or is unable to answer any material question relating to the suit which the Court is of opinion that the party whom he represents ought to answer, and is likely to be able to answer if interrogated in person, the Court may postpone the hearing of the suit to a day not later than seven days from the date of first hearing and direct that such party shall appear in person on such day. (2) If such party fails without lawful excuse to appear in person on the day so appointed, the Court may pronounce judgment against him, or make such order in relation to the suit as it thinks fit.
सबसे अधिक इस्तेमाल / Related use-cases
- वाद-बिंदु (Issues) तय करना: Order 14 Rule 1 में वाद-बिंदु तय होते हैं; Rule 2 में कानूनी प्रश्न पर पहले फ़ैसला। Order 10 में पक्षकारों की परीक्षा। CPC Navigator
- मध्यस्थता / सुलह (ADR): Section 89 में न्यायालय के बाहर निपटारे के तरीके; Order 10 Rule 1A-1C में विवाद निपटारे के विकल्पों का चयन। CPC Navigator
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अन्य उपयोगी टूल्स
स्रोत: India Code - The Code of Civil Procedure, 1908 (10 Jan 2026 तक का केंद्रीय पाठ)। उत्तर प्रदेश के संशोधन इसमें शामिल नहीं। शैक्षणिक संदर्भ हेतु, कानूनी सलाह नहीं।