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THE FIRST SCHEDULE · ORDER XV Disposal of the Suit at the first hearing

Order XV Rule 2: One of several defendants not at issue

The Code of Civil Procedure, 1908

1[(1) 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.]

2[(2) Whenever a judgment is pronounced under this rule, decree shall be drawn up in accordance with such judgment and the decree shall bear the date on which the judgment was pronounced.]

Footnotes in the official text

  1. 1.Rule 2 renumbered as sub-rule (1) by Act 104 of 1976, s. 65 (w.e.f. 1-2-1977).
  2. 2.Ins. by s. 65, ibid. (w.e.f. 1-2-1977).

Practise questions on Civil Procedure Code