Order X Rule 4 CPC - Consequence of Refusal or Inability of Pleader to Answer
Order 10 Rule 4 of the Code of Civil Procedure, 1908 explains what a civil court may do when a pleader or a person accompanying the pleader cannot answer an important question about the suit. It also specifies the consequence when the party, after being directed to attend personally, fails to appear without lawful excuse.
Text of Order X Rule 4 CPC
Rule 4(1) - Direction for personal appearance
Where the pleader of any party who appears by a pleader or any such person accompanying a pleader as is referred to in rule 2, refuses or is unable to answer any material question relating to the suit which the Court is of opinion that the party whom he represents ought to answer, and is likely to be able to answer if interrogated in person, the Court may postpone the hearing of the suit to a day not later than seven days from the date of first hearing and direct that such party shall appear in person on such day.
Rule 4(2) - Failure to appear
If such party fails without lawful excuse to appear in person on the day so appointed, the Court may pronounce judgment against him, or make such order in relation to the suit as it thinks fit.
Meaning and purpose of Order 10 Rule 4
The provision helps the court clarify material facts at an early stage of a civil suit. A pleader is a person legally entitled to appear and plead for a party, as understood under Section 2(15) CPC. A material question is a question concerning a fact important to the dispute. Where the representative cannot supply an answer and the court considers that the party can, the court may require the party's own attendance.
When may the court direct a party to appear personally?
- The party appears through a pleader, or a person accompanying the pleader is examined under Order X Rule 2.
- The pleader or accompanying person refuses or is unable to answer a material question concerning the suit.
- The court considers that the represented party ought to answer that question and is likely to be able to do so personally.
- The court exercises its discretion to postpone the hearing and direct personal appearance within the statutory period.
Time limit: Under the central text of Rule 4(1), the postponed hearing must be fixed for a day not later than seven days from the date of first hearing. The rule does not permit an unrestricted adjournment for this purpose.
Consequences of failing to appear under Rule 4(2)
If a party disobeys the direction to attend personally without lawful excuse, the court may pronounce judgment against that party or make another order it considers fit in relation to the suit. The wording is discretionary: an adverse judgment is not described as an automatic result of every absence. Whether an explanation amounts to a lawful excuse depends on the facts and the court's assessment.
Related CPC provisions
Order X Rule 2 empowers the court to orally examine parties and certain accompanying persons to elucidate matters in controversy. Order X Rule 3 requires the judge to reduce the substance of that examination to writing as part of the record. Order X Rule 1 concerns recording admissions and denials of allegations in pleadings.
Example of practical application
Suppose a civil court asks a party's advocate to clarify whether the party received a disputed payment. If the advocate cannot answer and the court considers that the party can answer personally, it may direct that party to attend within the time permitted by Rule 4(1). If the party then fails to attend without lawful excuse, the court may consider the powers available under Rule 4(2).
Official legal reference
Read the Code of Civil Procedure, 1908 - official India Code PDF or consult the India Code legislation record for the statutory text and amendments.
Legal information only. The application of procedural provisions may depend on local amendments, special legislation and the facts of the case.