Code of Civil Procedure, 1908 · Order X: Examination Of Parties By The Court

Order X Rule 2 CPC: Oral examination of party, or companion of party

Bare Act text

[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.]

Amendment notes

Subs. by Act 104 of 1976, s. 60, for rule 2 (w.e.f. 1 -2-1977).

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

At the first hearing the Court shall orally examine such of the parties appearing in person or present in Court as it deems fit, in order to clarify the matters in controversy. It may also orally examine any person able to answer material questions who accompanies a party or his pleader. At later hearings the Court may do the same, and may put questions suggested by either party. This rule was substituted by the 1976 amendment.