After the claim has been filed and the written statement given by the respondent, there is a section called the first hearing. However, what does the first impression consist of? What happens when summonses are served on both sides in court?
WHAT IS FIRST HEARING?
Mainly after the plaint and the completion of the written statement, there comes a stage called the first hearing. Order 14 of the Code of Civil Procedure, 1908 deals with the first hearing. The term first hearing does not appear in the Code, but the word’s literal meaning is – the date on which the court enters intervenes between the parties to understand their dispute. At the same time, Order 10 of the Code directs the court to inspect the parties to obtain conflicting information in the case. The Supreme Court has held that the first hearing is when the court puts its mind to the case, whether it constitutes a dispute or by taking evidence.
For instance, there is cause for which F.I.R. is filed on the 1st of June, 2021, but the case has gone to the court on the 3rd of June, 2021 after submission of plain sand the written statement. This represents that on the 3rd of June, 2021, the court first heard the case and knew about the fact. This date would be known as the first hearing of the case.
WHAT DOES ORDER X TALK ABOUT?
Order X Rule 1 provides that the court, at the first hearing of the case, will consider each side of the opponent to acknowledge or deny the allegations or facts as made in the appeal or written statement, if any, of the opposing party. After recording the acceptance and rejection, the court will refer the parties to the court to settle it through conciliation, arbitration, arbitration or Lok Adalat. If there is no resolution, the case will be referred back to court.
Rule 2 also provides for the oral examination of third parties to clarify conflicting issue in that matter. The court, in turn, affirms the accuracy of legal arguments or facts in which the parties are arguing, and in those questions, the issues need to be settled. The primary purpose of these rules is to understand and inform the parties of their actual dispute so that the conflicting area is dealt with between the parties simultaneously; over time, if any party understands these issues, it will not surprise them.
Therefore, at the first hearing, a significant task of issue formation is performed. Issue means a topic that is being discussed or an essential topic for discussion. The issues are points of contention made by the parties and decided by the court. When one truth is emphasised by one party and denied by another, that is a contradiction, similar to the facts, which will be called material propositions. Order X Rule 1 (2) and 1 (3) provide that material representations are those legal or factual representations that a plaintiff must establish to demonstrate a right to a claim or a defendant must set up for his or her defence. Each material proposition validated by one party and rejected by the other will form a separate subject issue.
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