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Friday, 13 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Code of Civil Procedure, 1908 · Order X: Examination Of Parties By The Court

Order X Rule 4 CPC: Consequence of refusal or inability of pleader to answer

Bare Act text

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.

Amendment notes

  1. Subs. by Act 46 of 1999, s. 20, for certain words (w.e.f. 1-7-2002).

Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), First Schedule, as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.

In simple words

If a pleader, or a person accompanying a pleader, refuses or is unable to answer a material question that the Court thinks the party ought to answer and is likely to answer if questioned in person, the Court may postpone the hearing to a day not later than seven days from the first hearing. It shall direct that party to appear in person on that day. If he fails without lawful excuse to appear, the Court may pronounce judgment against him or make such order as it thinks fit. The seven-day limit came with the 1999 amendment.

Order X: Examination Of Parties By The Court

  1. 1 Ascertainment whether allegations in pleadings are admitted or denied
  2. 1A Direction of the court to opt for any one mode of alternative dispute resolution
  3. 1B Appearance before the conciliatory forum or authority
  4. 1C Appearance before the court consequent to the failure of efforts of conciliation
  5. 2 Oral examination of party, or companion of party
  6. 3 Substance of examination to be written
  7. 4 Consequence of refusal or inability of pleader to answer
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