Trial

At the first hearing of the suit the parties have to appear in the court either in person or through a pleader or some other person who is able to answer all material questions relating to a suit, and to produce in court all documents on which the party intends to rely. The court then frames the issues. It has also the power to amend the issues, to frame additional issues, and to strike out issues that appear to it to be wrongly framed.

In the High Court and in the Courts of Presidency Towns the hearing is slighty different.

The rules as to burden of proof are laid down in sections 101 to 114 and the rules as to the examination, cross-examination and re-examination of the witnesses are laid down in sections 131 to 166 of the Indian Evidence Act, 1872. Witnesses are to be examined orally in the open court at the hearing of the suit. But in some cases a witness may be examined bdore the hearing. A witness may be exanlined on Commission in cases specified in Order 26, Rule 1 of the Code of Civil Procedure, 1908.

After the case has been heard the court may pronounce judgment at once or it may defer it to some other day. After the judgement is pronounced it is for the successsful party to appeal to the court to draw upon the decree. The decree will then be drawn up by an officer of the court.