SECTIONS. SERVICE OF PROCESS. 93 Process to be served at expense of party issuing it. Costs of service. 96 Parties to appear on day fixed in summons for defendant to appear and answer. 97 Dismissal of suit where summons not served in consequence of plaintiff's failure to pay fee for issuing it. Proviso. 98 If neither party appears, suit to be dismissed. 99 In such case plaintiff may bring fresh suit; or Court may restore the suit to its file. 99A. Dismissal of suit where plaintiff, after summons returned unserved, fails for a year to apply for fresh summons. 100 Procedure if only plaintiff appears, 101 (a) when summons was duly served, (b) when summons not duly served, (c) when summons served, but not in due time. Procedure where defendant appears on day of adjourned hearing, and assigns good cause for previous nonappearance. 102 Procedure where defendant only appears. 103 Decree against plaintiff by default bars fresh suit. 104 Procedure where defendant residing out of British India does not appear. 105 Procedure in case of non-attendance of one or more of several plaintiffs. 106 Procedure in case of non-attendance of one or more of several defendants. 107 Consequence of non-attendance, without sufficient cause shewn, of party ordered to appear in person. OF SETTING ASIDE DECREES EX PARTE. SECTIONS. 108 Setting aside decree ex parte against defendant. 109 No decree to be set aside, without notice to opposite party. CHAPTER VIII. OF WRITTEN STATEMENTS AND SET-OFF. 110 Written statements. 111 Particulars of set-off to be given in written statement. Inquiry. Effect of set-off. 112 No written statement to be received after first hearing. Provisoes. 113 Procedure when party fails to present written statement called for by Court. 114 Frame of written statements. 115 Written statements to be [subscribed] "signed verified. " and 116 Power of Court as to argumentative, prolix or irrelevant written statements. Attestation of amendments. Effect of rejection. CHAPTER IX. OF THE EXAMINATION OF THE PARTIES BY THE COURT. 117 Ascertainment whether allegations in plaint and written statements are admitted or denied. 118 Oral examination of party, or companion of himself or his pleader. 119 Substance of examination to be written. 120 Consequence of refusal-or-inability of pleader to answer. CHAPTER X. OF DISCOVERY AND OF THE ADMISSION, INSPECTION, PRODUC TION, IMPOUNding and RETURN OF DOCUMENTS. SECTIONS. 121 Power to deliver interrogatories. 122 Service of interrogatories. 123 Inquiry into propriety of exhibiting interrogatories. 124 Service of interrogatories on officer of Corporation or Company. 125 Power to refuse to answer interrogatories as irrelevant, &c. 126 Time for filing affidavit in answer. 127 Procedure where a party omits to answer sufficiently. 128 Power to demand admission of genuineness of docu ments. 129 Power to order discovery of document. Affidavit in answer to such order. 130 Power to order production of documents during suit. 131 Notice to produce for inspection documents referred to in plaint, &c. Consequence of non-compliance with such notice. 132 Party receiving such notice to deliver notice when and where inspection may be had. 133 Application for order of inspection. 134 Application to be founded on affidavit. 135 Power to order issue or question on which right to discovery depends to be first determined. 136 Consequences of failure to answer or give inspection. 137 Court may send for papers from its own records or from other Courts. 138 Documentary evidence to be in readiness at first hearing. 139 Effect of non-production of documents. 140 Documents to be received by Court. Rejection of irrelevant or inadmissible documents. 141 No documents to be placed on record unless proved. Proved documents to be marked and filed. SECTIONS. 143 Court may order any document to be impounded. 144 When document admitted in evidence may be returned. When document may be returned before time limited. Certain documents not to be returned. Receipt to be given for returned document. 145 Provisions as to documents applied to material objects. CHAPTER XI. OF THE SETTLEMENT OF ISSUES. 146 Framing of issues. 147 Allegations from which issues may be framed. 148 Court may examine witnesses or documents before framing issues. 149 Power to amend, add and strike out issues. 150 Questions of fact or law may by agreement be stated in the form of an issue. 151 Court if satisfied that the agreement was executed in good faith may pronounce judgment. CHAPTER XII. DISPOSAL OF THE SUIT AT THE FIRST HEARING. 152 If parties are not at issue on any question of law or fact. 153 If one of several defendants be not at issue with the plaintiff. 154 If parties are at issue on questions of law or fact, Court may determine issue, and pronounce judgment. 155 If either party fails to produce his evidence, Court may pronounce judgment, or adjourn suit. SECTIONS. CHAPTER XIII. OF ADJOURNMENTS. 156 Court may grant time, and adjourn hearing. Costs of adjournment. 157 Procedure if parties fail to appear on day fixed. 158 Court may proceed notwithstanding either party fails to produce his evidence, &c. CHAPTER XIV. OF THE SUMMONING AND ATTENDANCE OF WITNESSES. 159 Summons to attend to give evidence or produce documents. 160 Expenses of witnesses to be paid into Court on applying for summons. Scale of expenses. 161 Tender of expenses to witness. 162 Procedure where insufficient sum paid in. Expenses if witness detained more than one day. 163 Time, place and purpose of attendance to be specified in summons. 164 Summons to produce document. 165 Power to require persons present in Court to give evidence. 166 Summons how served. 167 Time for serving summons. 168 Attachment of property of absconding witness. 169 If witness appears, attachment may be withdrawn. 170 Procedure if witness fails to appear. 171 Court may of its own accord summon as witnesses strangers to suit. 172 Duty of persons summoned to give evidence or produce document. 173 When they may depart. 174 Consequences of failure to comply with summons. Procedure when witness apprehended cannot give evidence or produce documents. |