CPC Case Management Rules Summary

•CPC/Code of Civil Procedure
Management Rules

CPC
• The Code of Civil Procedure 1908 prescribes procedure for proceedings in civil
cases. The Code is in two parts i.e. Sections, which contain the basic and.
fundamental principles and can be amended only by the legislature, and
Schedules, which contain rules of procedure and can be amended by the High
Court. The Code is indeed a consolidating statute, prescribing detailed
procedure for instituting suit (meaning who may file a suit, how and where),
pleadings (filing plaints/written statements, their form and particulars),
proceedings, writing of judgment and execution of decrees, etc. The Code has
been reviewed from time to time and its provisions amended to keep pace with
time and changing condition of the society. One of them is Code of Civil
Procedure (Khyber Pakhtunkhwa) (Amendment) Act, 2018

Objectives /plan
1. Need of enactment.
2. Conformity/consistency with code.
3. Procedure/Scheme of application of amended
provisions.
4. Application at appellate courts.

1. Needs / Aims of Enacted Rules
 Establishing an early control of the Court over
the case for proper management
 Delay reduction, expeditious disposal of the
cases
 Determination of issue of law in first instance
 Diminish the false and frivolous cases
 Proceedings of genuine cases
 To dig out cases where parties not at issue
 To reduce burden of pendency on courts
(Impleadment in final order & Jurisdiction
matter after 4/5 years of institution)
 Justice on time: as justice delayed is justice
denied
 Chances of settlement available need to avail
in initial stage and to resolve controversy
 To make Judge / Counsel even litigants
aware from facts / relief of the suit
 Provisions available in Code however
amendment is just to represent the same in
innovative shape.

2. Conformity/consistency with code.
3. Procedure/Scheme and application of
amended rules

On receiving plaint having
regard to the provisions of the
code(CPC) case management
and scheduling conference
started ..
The Court may take appropriate
action in respect of:
 Jurisdiction
 Court Fees
 Valuation
 Maintainability have to be
seen by court in beginning
for seeking smooth
proceedings alongwith
requirements specified….
 Order VII( Reception of
plaints and application)
 Part-c examination of the
plaint (Annexure Slide)
 Order 01 Rule 1, 3, 9
(non/mis-joinder)
 Order 1 rule 8 representative
suit.
 Order 01 Rule 10 (Adding or
Striking out Parties)
 Order 2 Rule 2 Claims
 Order 3 by Authorized Agent
 Compliance of order VI &
VII …after compliance same
shall be entertained.
Case Management Plaint Code

High Court Rules and Orders Volume 1 Chapter 1 Part C
1. Examination.--On the presentation or receipt of a plaint, the Court should examine it with special reference to the following
points;
(I) whether the plaint contains the particulars specified in Order VII, Rule 1, and conforms to the other rules of pleadings in
Order VI and VII and rules made by the High Court thereunder;
(II) whether there is, prima facie, any non-joinder or misjoinder of parties, or mis-joinder of causes of action;
(III) whether any of the parties to the suit are, minors and, if, so, whether they are properly represented as laid down in law
(IV) whether the plaint is duly signed and verified;
(V) whether the suit is within the jurisdiction to proper Court (Order VII, Rule 10);
(VI) whether the plaint is liable to be rejected for any of the reasons given in Order VII Rule 11;
(VII) whether the documents attached to the plaint (if any) are accompanied by lists in the prescribed form and are in order;
(VIII) whether the plaintiff has filed a proceeding containing his address for service during the litigation as required by Rule 19 of
Order VII as framed by the High Court.
(IX) Whether the plaint is accompanied by a statement giving the list: and, addresses of the legal representatives .and at the
person Who in the. event of death of the plaintiff shall, intimate such fact to the Court. (Order VII, Rule 26; C.P.C.);
(X) whether the plaint is accompanied by as many copies on plain paper of the plaint as there are defendant in his two extra
copies; and draft forms of summons and fees for the service thereof (Order VII, Rule 9(I-A) CPC);
(XI) whether the suit is not barred by time, and if prima facie it is so barred, whether the plaint shows the ground on which
exemption is claimed (Order VII, Rule 6);
(XII) whether the plaint is accompanied by as many registered envelopes (acknowledgement due) as the number of defendants for
simultaneous service of the summons through post (Order V, Rule 10-A)].

 No time span is fixed under
the law, however court effort
must be seen in procuring
attendance
 Order V Rule 20 also
contain:
Short Message Service and
Electronic Mail, Publication
on the official website of the
Court added by CPC
Management
 Order VII Rule 21 can be
invoked here due to mislead
the court
 Order V CPC in letter &
Spirit
Summons for final disposal or
settlement of issues:
Part D rule 1 and 2 (Annexure
Slide)
Case Management Service of processes
Code of civil
procedure

High Court Rules and Orders Volume 1 Chapter 1 Part D
1. Summons for final disposal or settlement of issues.--In Order V, Rule 5, of the Code of Civil Procedure, it
is laid down that the Court shall determine, at the time of issuing the summons, whether it shall, be for the
settlement of issues only, or for the final disposal of the suit, and the summons shall contain a direction
accordingly; and a proviso to the rule adds that in every suit heard by a Court of Small Causes the summons
must be for the final disposal of the suit.
2. When summons for final disposal may issue.--In determining whether the summons shall be for the
settlement of issues only, or for the final disposal of the case, the Court must be guided by the nature of the suit,
and the probability or otherwise of the facts stated in the plaint being disputed by the defendant on grounds
which will require the production of much evidence or will involve much contention. Where the case appears
simple, and it seems probable that a correct judgment can be formed at the first hearing from the examination of
the parties or their agents, and such evidence, oral or documentary, as they can bring with them, the summons
should be for the final disposal of the case.

SUMMONS FOR DISPOSAL OF SUIT. (O. 5, r. 1, 5)
(Title)
To
[Name, description and place of residence]
WHEREAS ;
has instituted a suit against you for________you are hereby summoned to appear in this court in person or by a pleader duly
instructed, and able to answer all material questions relating to the suit, or who shall be accompanied by some person able to
answer all such questions, on the day of 20 , at ________ o'clock in the noon, to answer the claim; and as the day fixed for your
appearance is appointed for the final, disposal of the suit, you must be prepared to produce on that day all the witnesses upon
whose evidence and all the documents upon which you intend to rely in support of your defence.
Take notice that, in default of your appearance on the day before mentioned the suit will be heard and determined in your absence.
GIVEN under my hand and the seal of the Court, this____day of____20
Judge
NOTICE.1.
Should you apprehend your witnesses will not attend of their own accord, you can have a summons from this Court to compel the
attendance of any witness, and the production of any document that you have a right to call upon the witness to produce, on
applying to the Court and on depositing the necessary expenses.
2. If you admit the claim, you should pay the money into Court together with the costs of the suit, to avoid execution of the
decree, which may be against your person or property, or both.
Also take notice that in default of your filing an address for service on or before the date mentioned you are liable to have your
defence struck off

SUMMONS FOR SETTLEMENT OF ISSUES, (O. 5, rr. 1, 5)
(Title)
To
[Name, description and place of residence]
WHEREAS
has instituted a suit against you for_____ you are hereby summoned to appear in this court in person, or by a pleader
duly instructed, and able to answer all material questions relating to the suit, or who shall be accompanied by some
person able to answer all such questions, on the day of___20 , at___o' clock in the noon, to answer the claim; and
you are directed to produce on that day all the documents upon which you intend to rely in support of
your defence 1[and to file on or before that date your written statement].
Take notice that, in default of your appearance on the day before mentioned, the suit will be heard and
determined in your absence.
GIVEN under my hand and the seal of the Court, this____ day___of___20
Judge.
NOTICE.1.
Should you apprehend your witnesses will not attend of their own accord, you can have a summons from this Court
to compel the attendance of any witness, and the production of any document that you have a right to call upon the
witness to produce, on applying to the Court and on depositing the necessary expenses.
2. If you admit the claim, you should pay the money into Court together with the costs of the suit, to
avoid execution of the decree, which may be against your person or property, or both.

Same as prescribed in the code
no alteration or amendments.
 10 Days
 10 Days
 5 Days with warning
 5 Days with notice.
 Order VIII Rule 01 time
period is 30 days.
 Order VIII Rule 10 CPC
 Letter No 77-101 HRC dated
10-01-2019 Directives of
Hon’ble CJ (Filing of Written
Statement within stipulated
time.
Case Management Written statement CPC

High Court Rules and Orders Volume 1 Chapter 1 Part E
1. When written statements required.--It is laid down in Order VIII Rule I, of the Code of Civil Procedure, that
a defendant may, and if so required by the Court, shall, at or before the first hearing or within such time as the
Courts may permit, present a written statement of his defence. Ordinarily it is advisable to require such a written
statement and the Court should at the time of issuing the summons call for a written statement from the
defendant on the date fixed for his appearance. In most cases, there should be no difficulty in presenting such a
written statement on the date fixed, and no adjournment should be given of the purpose except for good Cause
shown and in proper cases, costs should be awarded to the opposite side. Laxity in granting adjournment for the
purpose of filing written statements should be avoided, and it should be noted that in extreme cases
contumacious refusal to comply with the Court’s order is liable to be dealt with under Order VIII Rule 10, Civil
Procedure Code.
1 [according to the proviso to Rule I of Order VIII, the period to be allowed for filing of the written
statement shall not, ordinarily, exceed thirty days.]
.

 Order IX-A Rule 02
 Basic Cause of delay in
majority of cases, therefore a
specified time during case
proceedings was fixed and
time span was fixed wherein
the presiding officer and
parties are bound to
conclude and adjudicate
miscellaneous application
pertaining to case.
 1st Case management &
Scheduling during
conference for management
and disposal of
 Annexure A and D
 On date of reception of 07
Days time for reply as per
Order IX-A Rule 01 Sub rule
03
No specific time period was
fixed in the code earlier as same
were required to dispose of
parallel with the proceedings…
Case Management
1st Case
Management
Code

Or-------00
00.00.0000
Parties present. Written Statement submitted by defendants. Copy of the same handed over to plaintiff.
As per Order IX-A (Rule 1 sub rule 3) Rule 2 and 5 CPC proforma A and D as specified in fifth schedule of Civil
Procedure Code provided to parties and ______DATE_______ at 08:30 hours is fixed for first conference and
scheduling regarding management and disposal of miscellaneous applications and mode of settlement. Therefore,
to come up for settlement or on date after consultation with the parties or their counsels date schedule shall be
fixed for filing any miscellaneous applications, replies of those applications and arguments and order, in order to
streamline the process of proceedings of court in the mandate of Order IX-A CPC.
File to come up for 1st case management and scheduling conference on ___________
(Murtaza Khan)
Civil Judge/IQ-III, Swat

PROFORMA “A”
IN THE COURT OF MURTAZA KHAN CIVIL JUDGE-III, SWAT.
Civil suit No
VS
(NOTICE FOR CASE MANAGEMENT AND SCHEDULING CONFERENCE)
WHEREAS the above mentioned suit is pending for disposal in this court, take notice that the
undersigned shall hold a case management and Scheduling Conference on date at 08:30 hours. The
conference shall be attended by either the parties in person, or through their counsels fully authorized on their
behalf and acquainted with the nature and basis of their claims. The conference shall be conducted on the
following agenda items:
Both the parties will be required to inform the court that they have gone through each other’s pleadings and are
aware of the nature and basis of each other’s claims.
Both the parties will be required to inform the court about different applications which they intend to file
in the court such as application under Order VII Rule II, Order I Rule 10, Order VI Rule 17, Order XXXIX
Rule 1&2, Order XXVI Rule 9 or any other application(s).
Setting dates, if required: (1) For filing various applications by either party (ies); (2) For filing reply (ies)
to such applications; and (3) For hearing arguments on such applications collectively.
Both the parties will be required to discover the chance of settlement, and inform the court about the intended
mode of settlement.
(Murtaza Khan)
Civil Judge-III/IQ, Swat

PROFORMA “D”
IN THE COURT OF MURTAZA KHAN CIVIL JUDGE-III/IQ, SWAT
Civil suit No.
VS
(Notice of settlement Conference)
WHEREAS the above mentioned suit is pending disposal in this court. Take notice that the undersigned
shall hold a settlement Conference on _____________ at 08:30 hours. The conference shall be attended by
either the parties in person, or through their counsel fully authorized on their behalf and acquainted with the nature
and basis of their claims. The conference shall be conducted on the following agenda items:
Bothe parties will be required to inform the court that they have gone through each other’s pleadings and are aware
of the nature and basis of each other claim.
Both the parties will be required to discover the chance of settlement, and inform the court about intended mode
of settlement.
(Murtaza Khan)
Civil Judge-III/IQ, Swat.

Provided that the whole proceeding,
under this clause, shall be completed
within a maximum period of 60 days,
commencing from the date of
attendance of the parties. Or IX-A Rule
2 (a) (1st proviso)

No Opportunity shall be provided if
opted not to file such applications or
reply thereto under Order IX-A Rule 02
Sub rule 1 (b).

Order on Miscellaneous application
under the rule not revisable or
appealable: Or IX-A Rule 02 Sub rule 1
(c)

 Bothe parties will be required
to inform the court that they
have gone through each
other’s pleadings and are
aware of the nature and basis
of each other claim.
 Both the parties will be
required to develop a factual
and legal statement of
controversy through a
consultative discourse.
 On date of order on final
contains order of 2nd
Scheduling also.
 Modules of order and
Proforma B & E
 Order X Examination of
parties
Rule-3 denotes that the
substance of the examination
shall be reduced to writing by
the judge, and shall form part
of the record.
 Order XI :Discovery &
Inspection
 Discovery by interrogatories:
 Inspection of documents
Case Management 2nd conference CPC

ORDER XI
1. Discovery by interrogatories. In any suit the plaintiff or defendant by leave of the Court may deliver
interrogatories in writing for the examination of the opposite parties or any one or more of such parties,
and such interrogatories when delivered shall have a note at the foot thereof stating which of such
interrogatories each of such persons is required to answer: Provided that no party shall deliver more than
one set of interrogatories to the same party without an order for that purpose: Provided also that
interrogatories which do not relate to any matters in question in the suit shall be deemed irrelevant,
notwithstanding that they might be admissible on the oral cross-examination of a witness.
15. Inspection of documents referred to in pleadings or affidavits. Every party to a suit shall be entitled
at any time to give notice to any other party, in whose pleadings or affidavits reference is made to any
document, to produce such document for the inspection of the party giving such notice, or of his pleader,
and to permit him or them to take copies thereof; and any party not complying with such notice shall not
afterwards be at liberty to put any such document in evidence on his behalf in such suit unless he shall
satisfy the Court that such document relates only to his own title, he being a defendant to the suit, or that
he had some other cause or excuse which the Court shall deem sufficient for not complying with such
notice, in which case the Court may allow the same to be put in evidence on such terms as to costs and
otherwise as the Court shall think fit.

required to show their
preparedness for their
examination under Order X
CPC, for admitting or
denying allegations of facts
laid in the plaint, or written
statement (if any) of the
opposite party.
required to appraise the
court, if they like to deliver
interrogatories in writing for
the examination of the
opposite party, if yes,
number of the
interrogatories.
 Order XII Admission.
Notice to admit fact and notice
to admit documents. Rule 2
& 4
 Order XIII Production
impounding and return of
documents
 Appendix C, 1, 2, 3, 4, 6

court, if they intend to file
application for discovery of
documents, which are in
possession of the opposite
party.
court, if they intend to
inspect the document
referred to in the pleadings
of either party, or which are
in possession of the other
party.

 Both the parties will be required
to appraise the court if they
intend to send notice to the other
party to admit some documents
or facts.
required to submit their
proposed exhibits along
with duly filled proforma
“E” for the scrutiny of
those exhibits within the
mandate of Order XIII
CPC

Or-------00
00.00.0000
Parties present. 1st Case management and scheduling conference was conducted. Parties submitted that they had no
further miscellaneous application for the time being, therefore, to proceed further conference regarding Discovery
Management and Scheduling is essential which is fixed to be held on 01.11.2019 at 08:30 hours for settlement,
examination of parties, interrogatories if any, discovery and inspection of documents, notice of admission if any
and proposed exhibits. Proforma B and E as per fifth schedule of civil procedure code were provided to parties.
File to come up for discovery management and scheduling conference on 01.11.2019.
(MURTAZA KHAN)
Civil Judge/IQ-III, Swat.

PROFORMA “B”
Civil suit No.
VS
(NOTICE FOR DISCOVERY MANAGEMENT AND SCHEDULING CONFERENCE)
WHEREAS the above mentioned suit is pending for disposal in this court, take notice that the undersigned shall hold a Discovery management and
Scheduling Conference on _______________ at 08:30 hours. The conference shall be attended by either the parties in person, or through their counsel fully authorized on
their behalf and acquainted with the nature and basis of their claims. The conference shall be conducted on following agenda items:
Bothe parties will be required to inform the court that they have gone through each other’s pleadings and are aware of the nature and basis of each other claim.
Both the parties will be required to develop a factual and legal statement of controversy through a consultative discourse.
Both the parties will be required to show their preparedness for their examination under Order X CPC, for admitting or denying allegations of facts laid in the
plaint, or written statement (if any) of the opposite party.
Both the parties will be required to appraise the court, if they like to deliver interrogatories in writing for the examination of the opposite party, if yes, number of the
interrogatories.
Both the parties will be required to appraise the court, if they intend to file application for discovery of documents, which are in possession of the opposite party.
Both the parties will be required to appraise the court, if they intend to inspect the document referred to in the pleadings of either party, or which are in possession of the
other party.
Both the parties will be required to appraise the court if they intend to send notice to the other party to admit some documents or facts.
Both the parties will be required to submit their proposed exhibits along with duly filled proforma “E” for the scrutiny of those exhibits
within the mandate of Order XIII CPC.
Both the parties will be required to discover the chance of settlement and inform the court about the intended mode of settlement.
(Murtaza Khan)
Civil Judge-III/IQ, Swat.

PROFORMA “E”
Civil suit No. of
VS
(LIST OF PROPOSED EXHIBITS SUBMITTED BY THE PARTIES AT THE FIRST
HEARING OF THE SUIT UNDER ORDER XIII)
Name(s) of the plaintiff(s)_ /defendant(s)_ and their
counsel(s)__________________________________________
signature of the plaintiff(s)_ _/defendant(s)_ and their
counsel(s)_____________________________________________
EXHIBIT LIST
PLAINTIFF DEFENDANTS
Serial No. Description of
document(S)
EVIDENCE OF
WHICH FACT(S)

 Summary Judgment Order
XV-A
 Order XV-A Rule 01, 03 and
04 (For parties application)
 Or XV-A Rule1 & 04 Sub rule
3 for courts own initiative
summary judgment
 Annexure ..order
 Annexure notice of summary
judgment
 Annexure Judgment
 Order-XII rule 06: Judgment
on admissions.
 Order XV: Parties not at issue
Case Management Summary judgment CPC

Or-------00
00.00.0000
Parties present. Case was fixed for discovery management and scheduling conference. Parties submitted that
they have no further documents at the moment for exhibition as the record had already been annexed.
However, perusal of pleadings and record available make it expedient for court to fix the case for hearing
of summary judgment. Notices given to parties for submission and filing of affidavit citing
particular parts of the documentary evidence filed with the court to support or oppose the same.
File to come up for filing of affidavit in respect of support or oppose the notices of summary judgment
hearing on ________________.
MURTAZA KHAN,
Civil Judge/Illaqa Qazi-III,
Gul Kada Swat.

BEFORE THE COURT OF MURTAZA KHAN, CIVIL JUDGE-III, SWAT
Vs
Notice of Summary Judgment Under Order XV-A Rule 4 Sub(Rule)3
Case titled above has been fixed for summary judgment hearing, therefore notice is hereby issued for
filing/submission of affidavits for citing particular parts of the documentary evidence filed with the court to
support or oppose the notice on ______________________.
(Murtaza khan)
Civil Judge/IQ, III, Swat.

If no summary judgment after
2nd conference, frame issues as
per Order IX-A Rule 05
 Order XIV
Case Management issues CPC

 3rd Case Management and
Scheduling Conference for
Trail Management and
Scheduling order
 Order IX-A Rule 04 CPC
 On date if issues framed
order for 3rd Conference
 Proforma / Notice C, F1, F2
& G
 As Order XVI Rule 1 Order
XVI Rule 10
Case Management
Started
3rd case
management
Trial management
CPC

ORDER XVI RULE 01
Summons to attend to give evidence or produce documents.__
1) Not later than seven days after the settlement of issues, the parties shall present
in Court a 2[certificate of readiness to produce evidence, along with a] list of
witnesses whom they propose to call or produce either to give evidence or to
produce documents.
2) A party shall not be permitted to call or produce witnesses other than those contained
in the said list, except with the permission of the Court and after showing good cause
for the omission the said witnesses from the list; and the Court grants such permission,
it shall record reasons for so doing.
3) On application to the Court or such officer as it appoints in this behalf, the parties may
obtain summons for persons whose attendance is required in Court :
Provided that no summons shall be issued for service on a person under rule 8 unless an
application in that behalf is made not later than fourteen days prior to the date fixed for
the hearing of the suit and the necessary expenses for the summoning of such person are
deposited]

ORDER XVI RULE 10
Procedure where witness fails to comply with summons.__
(1) Where a person to whom a summons has been issued either to attend to give evidence or to produce a
document fails to attend or to produce the document in compliance with such summons, the Court shall,
if the certificate of the serving officer has not been verified by affidavit, and may, if it has been so
verified, examine the serving officer on oath, or cause him to be so examined by another Court, touching
the service or nonservice of the summons.
(2) Where the Court sees reason to believe that such evidence or production is material, and that such
person has without lawful excuse, failed to attend or to produce the document in compliance with such
summons or has intentionally avoided service, it may issue a proclamation requiring him to attend to give
evidence or to produce the document at a time and place to be named therein ; and a copy of such
proclamation shall be affixed on the outer door or other conspicuous part of the house in which he
ordinarily resides.
(3) In lieu of or at the time of issuing such proclamation, or at any time afterwards, the Court may, in its
discretion, issue a warrant, either with or without bail, for the arrest of such person, and may make an
order for the attachment of his property to such amount as it thinks fit not exceeding the amount of the
costs of attachment and of any fine which may be imposed under rule 12 :
Provided that no Court of Small Causes shall make an order for the attachment of immovable property.

Or-------00
00.00.0000
Parties present. Issues were framed today. As per order IX-A Rule 4 (Order IX-A Rule 1 sub rule 3)
CPC trial Management and Scheduling conference is fixed to be held on ________________ at 08:30 hours
to make settlement, exchange list of witnesses, submit certificate of readiness and to fix a schedule/time table
to proceed the trial of case. Proforma C, F-1, F-2 and G provided to parties as per fifth schedule of civil
procedure code.
File to come up for above mentioned trial management and scheduling conference on
___________________
(Murtaza Khan)
Civil Judge/IQ-III, Swat.

PROFORMA “C”
IN THE COURT OF MURTAZA KHAN CIVIL JUDGE-III/IQ, SWAT .
Civil suit No.
VS
(Notice for Trial Management and Scheduling Conference)
WHEREAS the above mentioned suit is pending disposal in this court, take notice that the undersigned shall hold Trial Management
and Scheduling Conference on ____________ at 08:30 hours. The conference shall be attended by either the parties in person, or through their
counsel fully authorized on their behalf and acquainted with the nature and basis of their claims. The conference shall be conducted on the
following agenda items:
Bothe parties will be required to inform the court that they have gone through each other’s pleadings and are aware of the nature and basis of each
other claim.
Both the parties will be required to present and exchange the list of witnesses, which they intend to produce in the court, either to give
evidence or to produce documents, on the prescribed proforma F1 & F2.
Both the parties will be required to tender certificate of readiness, to produce their witnesses and documents in the court, through
proforma G.
The parties will be required to give a schedule/time table, within which, they would be bound to present their evidence and cross
examined each other’s witnesses.
Both the parties will be required to discover the chance of settlement and inform the court about the intended mode of settlement.
(MURTAZA KHAN)
Civil Judge-III/IQ, Swat

PROFORMA “F-I”
Civil suit No.
VS
(LIST OF WITNESSES AND DOCUMENTS TENDERED BY THE PARTIES UNDER ORDER
XVI CPC)
LIST OF WITNESSES AND DOCUMENTS.
PLAINTIFF DEFENDANT
S.No Description of document(s)
Corresponding
witness(s) name,
address, mobile
number
Evidence of
which fact(s)
Date and number of
endorsement b y the court
and proposed exhibits
Name(s) of the plaintiff(s)/defendants(s) and their counsel(s)__________________
Signature(s) of the plaintiff(s)/defendant(s) and their counsel(s)________________

PROFORMA “F-2”
Civil suit No. of
VS
(LIST OF WITNESSES AND DOCUMENTS REQUIRED TO BE TENDERED BY THE PARTIES
UNDER ORDER XVI CPC THROUGH THE PROCESS OF THE COURT)
LIST OF WITNESSES AND DOCUMENTS.
PLAINTIFF DEFENDANT
S.No Description of document(s) Corresponding
witness(s) name,
address, mobile
number
Evidence of
which fact(s)
Date and number of
endorsement by the court
Name(s) of the plaintiff(s)/defendants(s) and their counsel(s)______________________
Signature(s) of the plaintiff(s)/defendant(s) and their counsel(s)________________

PROFORMA “G”
Civil suit No. of
VS
(CERTIFICATE OF READINESS OF EVIDENCE UNDER ORDER XVI RULE 1 CPC)
PLAINTIFF DEFENDANT
It is certified by the plaintiff(s)/defendant(s) that:
a. The witnesses and documents which plaintiff(s)/defendant(s) aspire to produce as evidence in the court are
ready to be produced at the date and time given by the court.
b. There is no other witnesses and documents required to be produced in the court, other than those mentioned
in Proforma “E”, “F-1” & “F-2”
Name(s) of the plaintiff(s)/defendants(s) and their counsel(s)__________________
Signature(s) of the plaintiff(s)/defendant(s) and their counsel(s)_________________

Provision: Time period for Trial is one year
from 3rd conference.
Provided that court shall conduct the trial within a period of One(1)
Year.

Scheduling and Conference during execution Order XXI
104. On the submission of the execution application, and after a notice has been
issued and compliance made with Rule 22( Notice to show cause) and 23(
procedure after Notice) of Order-XXI, the court shall fix a date for a
management conference for disposal of the execution petition.
105. In the management conference the court shall determine the validity of
objections, if any, and where possible proceed to decide the same summarily.
106……..115
116. If any objection raised by a person other than a judgment debtor,
provisions of pre-execution management conference and scheduling shall be
followed mutatis mutandis
117…..
118. ….

4. Applicability of management rules
in appellate stage

Order IX-A
Case Management and Scheduling Conference
Case Management and Scheduling Conference---(1) The
Court shall, under its own supervision, in each and every case,
after receiving a plaint, petition or appeal, as the case may be,
and having regard to the provisions of the Code and theses rules,
start case management and scheduling conference. …….

DISTT. JUDGEs/ADDL. DISTT.JUDGEs.
Deal with cases in shape of:
1. Appeal against judgment/decree of a Civil Judge under S.96 of CPC;
2. Appeal against order under S.104 of CPC;
3. Power of revision under S.115 of CPC;
4. Original jurisdiction in suits upon bills of exchange, hundies or promissory
notes under Order XXXVII of CPC;
5. In addition, there also exist other cases as courts and tribunals of civil
nature, created under special laws and enactments. Their jurisdiction,
powers and functions are specified in the statutes creating them. In case of
applicability of CPC , amended rules as specified in Order IX-A.XV-A can
be applied.

Reception, service of processes, addresses for service. --The
rules regarding the receipt of plaint and service of summonses on
defendants in Chapter 1, “Practice in the trial of civil suits,” apply,
mutatis mutandis to the reception of appeals and
service of notices on respondents. It should be noted that an
address for service filed during the course of the trial holds good for
the purposes of Appellate proceedings also, and such addresses
according to Order XLI, Rule 38, as amended by the High Court.

Examination of appellant.— when the memorandum of appeal is
represented with the explanation required, or when the memorandum of
appeal as first presented contains an explanation of the delay in present it,
the Court shall take into consideration the explanation offered, and may
examine the appellant or his agent, in order to elucidate the explanation.
Consistency to examination of parties

Order XLI Rule 01
Form of appeal. What to accompany memorandum.
1) Every appeal shall be preferred in the form of a memorandum
signed by the appellant or his pleader and presented to the Court or
to such officer as it appoints in this behalf. The memorandum shall
be accompanied by a copy of the decree appealed from and (unless
the appellate Court dispenses therewith) of the judgment on which
it is founded.
2) Contents of memorandum. The memorandum shall set forth,
concisely and under distinct heads, the grounds of objection to the
decree appealed from without any argument or narrative;, and the
time schedule of the case prepared under Order IX-A and such
grounds shall be numbered consecutively

Order XLI Rule 27
Production of additional evidence in Appellate Court.__
1) The parties to an appeal shall not be entitled to produce additional
evidence, whether oral or documentary, in the Appellate Court. But
if
a) the Court from whose decree the appeal is preferred has refused to
admit evidence which ought to have been admitted, or
b) the Appellate Court requires any document to be produced or any
witness to be examined to enable it to pronounce judgment, or for
any other substantial cause, the Appellate Court may allow such
evidence or document to be produced, or witness to be examined.
2) Wherever additional evidence is allowed to be produced by an
Appellate Court, the Court shall record the reason for its admission
“and the court shall preferably record the additional evidence itself ”

Order XLI- Rule 30
Judgment in Appeal
Judgment when and where pronounced. The Appellate Court, after hearing
the parties or their pleaders and referring to any part of the proceedings
whether on appeal or in the Court from whose decree the appeal is preferred,
to which reference maybe considered necessary, shall pronounce judgment in
open Court, either at once or on some future day “not exceeding fifteen (15)
days” of which notice shall be given to the parties or their pleaders.

APPLICABILITY
A statute is to be interpreted in accordance with the intention of the
legislature Or which-is to be gathered from the, language of the statute.
The context, subject-matter, and purpose of the enactment are relevant
for determining the legislative intent. The preamble part of the amended
rules is very much clear about the applicability of same in appellate stage
also in the same manner as specified for the proceedings of case in the
code.

CPC Case Management Rules Summary

CPC Case Management Rules Summary

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