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Code of Civil Procedure, 1908 · Order XXXII-A: Suits Relating To Matters Concerning The Family

Order XXXII-A Rule 5 CPC: Duty to enquire into facts

Bare Act text

5. Duty to enquire into facts.—In every suit or proceeding to which this Order applies, it shall be the duty of the Court to inquire, so far it reasonably can, into the facts alleged by the plaintiff and into any facts alleged by the defendant.

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

In every suit or proceeding to which Order XXXIIA applies, it is the Court's duty to inquire, so far as it reasonably can, into the facts alleged by the plaintiff and into any facts alleged by the defendant. The Court therefore does not merely wait for the parties' proof but is under a duty of inquiry into the facts alleged in such family matters.

Order XXXII-A: Suits Relating To Matters Concerning The Family

  1. 1 Application of the Order
  2. 2 Proceedings to be held in camera
  3. 3 Duty of Court to make efforts for settlement
  4. 4 Assistance of welfare expert
  5. 5 Duty to enquire into facts
  6. 6 “Family”