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Saturday, 14 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Code of Civil Procedure, 1908 · Order XIV: Settlement Of Issues And Determination Of Suit On Issues Of Law Or On Issues Agreed Upon

Order XIV Rule 4 CPC: Court may examine witnesses or documents before framing issues

Bare Act text

4. Court may examine witnesses or documents before framing issues.—Where the Court is of opinion that the issues cannot be correctly framed without the examination of some person not before the Court or without the inspection of some document not, produced in the suit, it [may adjourn the framing of issues to a day not later than seven days] and may (subject to any law for the time being in force) compel the attendance of any person or the production of any document by the person in whose possession or power it is by summons or other process.

Amendment notes

  1. Subs. by Act 46 of 1999, s. 24, 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

Where the Court thinks issues cannot be correctly framed without examining a person not before the Court or inspecting a document not produced in the suit, it may adjourn the framing of issues to a day not later than seven days. It may, subject to any law in force, compel the attendance of the person or production of the document by summons or other process. The seven-day limit was added by the 1999 amendment.

Order XIV: Settlement Of Issues And Determination Of Suit On Issues Of Law Or On Issues Agreed Upon

  1. 1 Framing of issues
  2. 2 Court to pronounce judgment on all issues
  3. 3 Materials from which issues may be framed
  4. 4 Court may examine witnesses or documents before framing issues
  5. 5 Power to amend and strike out, issues
  6. 6 Questions of fact or law may by agreement be stated in form of issues
  7. 7 Court, if satisfied that agreement was executed in good faith, may pronounce judgment