Are there any guideline provisions for Orders like Sec 33 O 20 for decree and judgment?
Querist :
Anonymous
(Querist) 17 June 2011
This query is : Resolved
For judgment and decrees:-
There is sec 33 and O 20, Which tells that how court hears the matter and when passes the judgment etc.
But my question is about Orders :-
For passing orders:-
where are the analogous guidelines and legal provisions in CPC like above?
Can a court take "liberty" not to "hear" parties whiling making an order (Both parties have filed a lengthy written arguments!! And then court dispensed the stage of 'oral arguments'. )
Is it legally appropriate for a court make sua sponte order in such a fashion?
Querist :
Anonymous
(Querist) 17 June 2011
trial Court opined that 'Only while passing decree/judgment, court is supposed to 'hear' and can't forego that step, but for interim orders it is optional and may substitute that step by and written argument, and it may suffice!! for passing orders there is no compulsions of hearing parties! and court may read the arguments and can pass the order!!!'
Is the above approach correct?
Court adjourned the case and set the next hearing date for 'order on Exh.' and said 'evidence is closed'.
Querist :
Anonymous
(Querist) 17 June 2011
Problem here is that
"How the court is going to read all four Exh.?" (will the court read all 4 Exh.?)
i.e. Prayer (4 pages) --> other sides reply (2 pages)
Written Arg + list of citations and its gist (total 23 pages) --> Written Arg of other side (around 6 pages )
Where is the guaranty that the court read all 4 Exh.? Or will it just read two written arguments?
