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Point out the right statement – The date of first hearing of a suit given under Order X Rule 1 of the CPC –
Can be earlier than the date fixed for preliminary examination of the parties and settlement of issues.
Can never be earlier than the date fixed for preliminary examination of the parties and settlement of issues.
It may or may not be earlier than the date fixed for the preliminary examination of the parties and settlement of issues because it depends upon the judicial discretion of the court.
The date on which the court proposes to apply its judicial mind to the contention in the pleadings of the parties to the suit and in the document filed by them for the purpose of framing the issues to be decided in the suit and it can never be earlier than the date fixed for preliminary examination of parties and settlement of issues.
Held by the Hon’ble Supreme Court in - [Advaita Nand vs. Judge, small cause court, (1995)3 SCC 407 ,and Badami vs. Bhali (2012) II SCC 574]
By: santosh ProfileResourcesReport error
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