Chapter V Chapter V

OF THE HEARING, WITHDRAWAL OR COMPROMISE OF SUITS AND OF THE SUMMONING AND EXAMINATION OF WITNESSES

When the defendant appears, the court shall ascertain from him whether he admits the claim made in the plaint. If he admits the claim or if the suit be compromised, such admission or compromise shall be recorded in writing and signed by the parties, and the court shall pass a decree in accordance therewith.

Withdrawal of suit If the plaintiff wishes to withdraw a suit, he shall signify the same in writing to the court, which shall strike the suit off the file and no fresh suit shall be brought on the same cause of action.

If either party is willing to let the suit be settled by the oath of the other, and such other party assents and takes the oath, the court shall give judgment according to such oath.

The defendant may set-off any amount legally due to him by the plaintiff for which he could bring a suit in a village court.

Witnesses, not present, to be summoned When the defendant's statement has been made, the court shall proceed to examine the truth of the claim, and shall summon the witnesses cited by either party who are not present.

Any witness residing within the jurisdiction of the village court may be summoned verbally or in writing. Any witness residing within [eight kilometres] beyond the court's jurisdiction may be summoned in writing, and such summons shall be served through the village munsif within whose jurisdiction he resides. If any witness resides more than [eight kilometres] beyond the jurisdiction, the court may call on the parties to frame written interrogatories and shall forward such interrogatories, with a letter, to the village munsif within whose jurisdiction the witness resides, and such munsif shall forthwith summon and examine the witness upon the interrogatories, and shall return his answers to the court in which the suit is pending.

A summons may direct the party summoned either to appear and give evidence or to produce or cause the production of a document.

Women who, according to the customs and manners of the country, ought not to be compelled to appear in public, persons exempted from personal appearance in court, and any person who, by reason of sickness or bodily infirmity, cannot attend without serious inconvenience, shall not be summoned; but when the evidence of any such person is necessary the village court shall examine such person at his or her residence.

Witnesses shall be examined on oath or solemn affirmation, but it shall not be necessary for a village court to take down depositions of witnesses in writing.

If it appears likely that the parties will settle the matter amicably, or for any other sufficient cause, the village court may adjourn the hearing to a day to be fixed in the presence of the parties, or in cases in which the defendant does not appear, in the presence of the plaintiff. If, on such day, the parties or any of them fail to appear, the village court may proceed to dispose of the suit in one of the modes prescribed in that behalf by sections 30 and 31, or make such other order as it thinks fit.