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 X Rule 1 CPC: Ascertainment whether allegations in pleadings are admitted or denied
Bare Act text
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 of the suit, the Court must ask each party or his pleader whether he admits or denies the allegations of fact made in the opposite party's plaint or written statement, where these have not already been expressly or by necessary implication admitted or denied. The Court shall record these admissions and denials. This narrows the real points of dispute at the outset of the suit.
Order X: Examination Of Parties By The Court
- 1 Ascertainment whether allegations in pleadings are admitted or denied
- 1A Direction of the court to opt for any one mode of alternative dispute resolution
- 1B Appearance before the conciliatory forum or authority
- 1C Appearance before the court consequent to the failure of efforts of conciliation
- 2 Oral examination of party, or companion of party
- 3 Substance of examination to be written
- 4 Consequence of refusal or inability of pleader to answer