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The Code of Civil Procedure, 1908: page 134

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 134, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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     8. Consequences of non-compliance with orders.—Where any party fails to comply with the order
of the Court passed in a Case Management Hearing, the Court shall have the power to—
         (a) condone such non-compliance by payment of costs to the Court;
         (b) foreclose the non-compliant party’s right to file affidavits, conduct cross-examination of
    witnesses, file written submissions, address oral arguments or make further arguments in the trial, as
    the case may be, or
         (c) dismiss the plaint or allow the suit where such non-compliance is wilful, repeated and the
    imposition of costs is not adequate to ensure compliance.]
                                          STATE AMENDMENT
Jammu and Kashmir and Ladakh (UTs).―
Insertion of Order XV-A.—After Order XV of the Code, insert the following Order, namely,-

                                             “ORDER XV-A
    1. First Case Management Hearing.—The court shall hold the first Case Management Hearing, not
later than four week‘s from the date of filing of affidavit of admission or denial of documents by all
parties to the suit.
   2. Orders to be passed in a Case Management Hearing.—In a Case Management Hearing, after
                                                                     e
hearing the parties, and once it finds that there are issues of fact and law which require to be tried, the
court may pass an order—
                                                               od
                                                        aC
      (a) framing the issues between the parties in accordance with Order XIV of the Code of Civil
   Procedure, 1908 (5 of 1908) after examining pleadings, documents and documents produced before it,
                                                    di
   and on examination conducted by the court under Rule 2 of Order X, if required;
                                               In
      (b) listing witnesses to be examined by the parties;
      (c) fixing the date by which affidavit of evidence to be filed by parties;
      (d) fixing the date on which evidence of the witnesses of the parties to be recorded;
      (e) fixing the date by which written arguments are to be filed before the court by the parties;
      (f) fixing the date on which oral arguments are to be heard by the court; and
      (g) setting time limits for parties and their advocates to address oral arguments.
   3. Time limit for the completion of a trial.—In fixing dates or setting time limits for the purposes of
Rule 2 of this order, the court shall ensure that the arguments are closed not later than six months from the
date of the first Case Management Hearing.
   4. Recording of oral evidence on a day-to-day basis.—The court shall, as far as possible, ensure that
the record of evidence shall be carried on, on a day-to-day basis until he cross examination of all the
witnesses is complete.
   5. Case Management hearings during trial.— The court may, if necessary, also hold Case
Management Hearings anytime during the trial to issue appropriate orders so as to ensure adherence by
the parties to the dates fixed under Rule 2 and facilitate speedy disposal of the suit.
   6. Powers of the court in a Case Management Hearing.—(1) In any Case Management Hearing
held under this order, the court shall have the power to –
     (a) prior to the framing of issues, hear and decide any pending application filed by the parties under
   Order XIII-A;
      (b) direct parties to file compilations of documents or pleadings relevant and necessary for framing
   issues;
      (c) extend or shorten the time for compliance with any practice, direction or court order if it finds
   sufficient reason to do so;

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