What Does “Disposal at First Hearing” Mean?
Disposal of a suit at the first hearing refers to situations where the court can decide the case without proceeding to a full trial—because the facts are undisputed, admitted, or obvious from the pleadings.
This provision aims to avoid unnecessary trials and promote speedy justice.
Legal Basis: Order XV of CPC, 1908
Order XV CPC empowers the court to dispose of a suit at the first hearing itself, under certain situations, without recording oral evidence.
Grounds for Disposal at First Hearing
Rule | Provision |
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Rule 1 – Where no issues | If facts are admitted or no real dispute exists |
Rule 2 – Parties not at issue | Where parties are not at issue on any material fact |
Rule 3 – Failure to produce evidence | If party fails to produce required documents/evidence |
Rule 4 – Default of appearance | If only one party appears and suit can be decided on merits |
Rule 1: No Issues Are Framed
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If no material fact is denied or disputed, the court may pronounce judgment immediately.
Rule 2: Parties Not at Issue
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Where the plaintiff and defendant agree on all facts, but differ only on legal interpretation, court may decide the suit without evidence.
Rule 3: Failure to Produce Documents
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If the plaintiff fails to present documents or evidence, the court may dismiss the suit.
Rule 4: Only One Party Appears
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If the defendant appears and the plaintiff is absent, or vice versa, the court may decide the case on merits or proceed ex parte.
Objective of Order XV
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To avoid unnecessary trials
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To save time and resources
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To ensure quick disposal of uncontested or clear-cut cases
Examples
Scenario | Outcome under Order XV |
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Defendant admits claim and raises no defense | Court may pronounce judgment under Rule 1 |
Both parties agree on facts but differ only on legal point | Court can decide the case under Rule 2 |
Plaintiff fails to produce key documents at first hearing | Court may dismiss the suit under Rule 3 |
Plaintiff appears, but defendant does not | Court may proceed ex parte or decide on merits (Rule 4) |