Podcast
Questions and Answers
What is required to be supplied by the plaintiff within ten days of the order directing the issue of notice to the defendant?
What is required to be supplied by the plaintiff within ten days of the order directing the issue of notice to the defendant?
- Process fees, cost of advertisement, and copies of plaints (correct)
- Service fees, summonses, and affidavits
- Documents related to the defendant's appearance
- Photocopies of all documents in the possession of the plaintiff
If the plaintiff fails to supply required documents within ten days, what action does the court take?
If the plaintiff fails to supply required documents within ten days, what action does the court take?
- Immediately issue a judgment against the defendant
- Reject the plaint unless further time is allowed for compliance (correct)
- Continue with the case regardless
- Refer the case to a higher court
Who is authorized to record admissions or denials on the documents produced by the parties or their Advocates?
Who is authorized to record admissions or denials on the documents produced by the parties or their Advocates?
- The Bench Reader
- The Court Clerk
- The plaintiff
- The Registrar General (correct)
What should accompany all documents filed in the case according to the regulations?
What should accompany all documents filed in the case according to the regulations?
What happens if a party fails to produce documents on the date fixed for the defendant's appearance?
What happens if a party fails to produce documents on the date fixed for the defendant's appearance?
What is recorded on every document filed in the case by the Registrar General or Bench Reader?
What is recorded on every document filed in the case by the Registrar General or Bench Reader?
What does the Court have the power to do if the parties fail to appear on a day scheduled for the hearing of a suit?
What does the Court have the power to do if the parties fail to appear on a day scheduled for the hearing of a suit?
When can a case be adjourned for not more than three days?
When can a case be adjourned for not more than three days?
If a witness's evidence is not completed on the first day they attend court, what is the responsibility of the party that summoned the witness?
If a witness's evidence is not completed on the first day they attend court, what is the responsibility of the party that summoned the witness?
Under what circumstances can a party have a case put out of its place in the Cause List?
Under what circumstances can a party have a case put out of its place in the Cause List?
What happens if a party fails to pay a witness's expenses for attendance?
What happens if a party fails to pay a witness's expenses for attendance?
When can an application for adjournment be made orally?
When can an application for adjournment be made orally?
In a First Appeal where an application for summary determination is made and the summary determination leads to dismissal of the appeal, what happens to the advocate's fee?
In a First Appeal where an application for summary determination is made and the summary determination leads to dismissal of the appeal, what happens to the advocate's fee?
What happens to an adjournment application made outside the working hours of the Bench?
What happens to an adjournment application made outside the working hours of the Bench?
What should be taken into account when considering whether there is sufficient cause for an adjournment?
What should be taken into account when considering whether there is sufficient cause for an adjournment?
What provision allows for summary determination of an appeal in terms of advocates' fees?
What provision allows for summary determination of an appeal in terms of advocates' fees?
Under what condition can a case be ordered to stand out of its place in the Cause List?
Under what condition can a case be ordered to stand out of its place in the Cause List?
What can a party do if they desire to make payment directly to a witness for their attendance?
What can a party do if they desire to make payment directly to a witness for their attendance?
Study Notes
Case Proceedings
- As soon as the Bench is constituted, the case is put up before it, and it may direct the issuance of a notice to the defendant to appear and answer the claim.
- The plaintiff is responsible for supplying process fees, costs of advertisement, and copies of plaints, petitions, affidavits, etc. for service on the defendant within 10 days of the order directing the issue of notice.
- Failure to supply these documents may result in the plaint being listed before the Court for rejection.
Production of Documents
- Parties or their Advocates must produce all documents in their possession on which they intend to rely on the date fixed for the defendant's appearance.
- The Registrar General or authorized officer may record admissions or denials on such documents.
Filing of Documents
- All documents filed in the case must be accompanied by a list signed by the party filing them or their Advocate.
- The Registrar General or Bench Reader notes the date of presentation under their initials on every document.
Absence of Parties
- If parties or any of them fail to appear on the scheduled hearing date, the Court may proceed to dispose of the suit in a manner it thinks just.
Witness Attendance
- If a witness's evidence is not taken or completed on the first day, the party summoning them must deposit sufficient amount with the Cashier to enable the witness to attend on the subsequent day.
- If the witness's expenses are not paid, they are not bound to remain in attendance on subsequent days.
Taxation of Advocates' Fees
- The fee allowed on taxation in a First Appeal on the disposal of an application for summary determination is based on the disposal of the application.
Case Adjournment
- The Bench may order a case to stand out of its place or be adjourned for a just period on application, considering sufficient cause and objections from the other party.
- An adjournment for not more than three days may be sought orally, and a motion under this Rule may be made as soon as the Bench begins its work for the day.
- No adjournment shall be granted unless there is sufficient work for the day.
Advocate's Engagement
- No party has the right to have a case put out of its place in the Cause List due to their Advocate's engagement elsewhere.
- However, the Bench may order a case to stand out of its place if the Advocate is alone in the case and is actually arguing or being heard by another Bench, and has given written information to the Bench Reader.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Description
This quiz covers the process of constituting a bench, directing notices to defendants, issuing summonses, and supplying necessary documents in a court case. Test your knowledge on legal procedures!
