Order 10 CPC | Oral Examination Of Any Party To Suit Regarding Controversy Involved Therein Is A Matter Of Discretion: Delhi High Court
[16 May 2022] The Delhi High Court has observed that under Order 10 of the Code of Civil Procedure, the question of whether any of the parties to the suit is required to be orally examined on any aspect relevant to the controversy is a matter of discretion. Order 10 of the Code provides for the examination of parties by the Court. Justice C Hari Shankar observed thus: “A bare reading of Order X of the CPC makes it apparent that the question of whether any of the parties to the suit is required to be orally examined on any aspect relevant to the controversy is essentially a matter of discretion. Where a court feels that, in order to elucidate matters in controversy in the suit, oral examination of one or more of the parties to the suit is necessary, the court is empowered to so order.” The Court was dealing with a plea filed by the defendant in a civil suit, challenging the order dated 15th March 2022, passed by the Trial Court, on applications filed by the plaintiff under Order X and Order XI Rule 21, of the Code.