Civil Procedure Code, 1908, Order 10 Rule 1, Order 14 Rule 1(5) and Order 15 Rule 1

Civil Procedure Code, 1908—Order 10 Rule 1, Order 14 Rule 1(5) and Order 15 Rule 1—First hearing of the suit—Held, from the conjoint reading of the provisions of Order X Rule 1; Order XIV Rule 1(5); and Order XV Rule 1, CPC,  it becomes clear that the “first hearing of the suit” can never be earlier than the date fixed for the preliminary examination of the parties and the settlement of issues—On the date of appearance of the defendant, the court does not take up the case for hearing or apply its mind to the facts of the case, and it is only after filing of the written statement and framing of issues, the hearing of the case commences— The hearing presupposes the existence of an occasion which enables the parties to be heard by the Court in respect of the cause—Hearing, therefore, should be first in point of time after the issues have been framed—The date of “first hearing of a suit” under CPC is ordinarily understood to be the date on which the Court proposes to apply its mind to the contentions raised by the parties in their respective pleadings and also to the documents filed by them for the purpose of framing the issues which are to be decided in the suit—Thus, the question of having the “first hearing of the suit” prior to determining the points in controversy between the parties i.e. framing of issues does not arise— The words the “first day of hearing” does not mean the day for the return of the summons or the returnable date, but the day on which the court applies its mind to the case which ordinarily would be at the time when either the issues are determined or evidence is taken.

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