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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 XV: Disposal Of The Suit At The First Hearing

Order XV Rule 2 CPC: One of several defendants not at issue

Bare Act text

2. One of several defendants not at issue.—[(1) Where there are more defendants than one, and any one of the defendants is not at issue with the plaintiff on any question of law or of fact, the Court may at once pronounce judgment for or against such defendant and the suit shall proceed only against the other defendants.]

[(2) Whenever a judgment is pronounced under this rule, decree shall be drawn up in accordance with such judgment and the decree shall bear the date on which the judgment was pronounced.]

Amendment notes

  1. Rule 2 renumbered as sub-rule (1) by Act 104 of 1976, s. 65 (w.e.f. 1-2-1977).
  2. Ins. by s. 65, ibid. (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

Where there are several defendants and one of them is not at issue with the plaintiff on any question of law or fact, the Court may at once pronounce judgment for or against that defendant, and the suit proceeds only against the other defendants. A decree must be drawn up in accordance with the judgment and bear the date on which the judgment was pronounced. Sub-rule (2) was inserted by the 1976 amendment.

Order XV: Disposal Of The Suit At The First Hearing

  1. 1 Parties not at issue
  2. 2 One of several defendants not at issue
  3. 3 Parties at issue
  4. 4 Failure to produce evidence
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