A suit can b e disposed of on first hearing in following way:
Parties not at issue.
Where at the first hearing of a suit it appears that the parties are not at
issue on any question of law or of fact, the Court may at once pronounce
One of several defendants not at issue.
Where there are more defendants than one, and any one of the defendants
is not at issue with the plaintiff on any question of law or of fact, the
Court may at once pronounce judgment for or against such defendant and the
suit shall proceed only against the other defendants.
Wherever a judgment is pronounced under this rule, a decree shall be
drawn up in accordance with such judgment and the decree shall bear the date
on which the judgment was pronounced.
Parties at issue.
Where the parties are at issue on some question of law or of fact, and
issues have been frame by the Court as herein before provided, if the Court
is satisfied that no further argument or evidence than the parties can at
once adduce is required upon such of the issues as may be sufficient for the
decision of the suit, and that no injustice will result from proceeding with
the suit forthwith, the Court may proceed to determine such issues, and , if
the finding thereon is sufficient for the decision, may pronounce judgment
accordingly, whether the summons has been issued for the settlement of
issues only or for the final disposal of the suit:
Provided that, where the summons has been issued for the settlement of issues
only, the parties or their pleaders are present and none of them objects.
Where the finding is not sufficient for the decision, the Court shall
postpone the further hearing of the suit, and shall fix a day for the
production of such further evidence, or for such further argument as the
Failure to produce evidence.
Where the summons has been issued for the final disposal of the suit and either
party fails without sufficient cause to produce the evidence on which he relies,
the Court may at once pronounce judgment, or any, if it thinks fit, after
framing and recording issues, adjourn the suit for production of such evidence
as may be necessary for its decision upon such issues.