Land B
Misce
જન કે
ડી &
Settlement of Issues.
At any time before or at the hearing the court may, if it thinks fit, on the Application of any party or of its own motion, proceed to ascertain and determine what are the material questions in controversy between the parties, although the same are not distinctly or properly raised by the pleadings, and may reduce such questions into writing and settle them in the form of issues; which issues when settled may state questions of law on admitted facts, or questions of disputed fact, or questions partly of the one kind and partly of the other.
In settling issues the court may Order or allow the striking out or amendment of any pleading or part of a pleading so that the pleadings may finally correspond with the issues settled, and may Order or allow the striking out or amendment of any pleading or part of a pleading that appears to be so framed as to prejudice, embarrass, or delay the trial of the cause.
Where the Application to the court to settle issues is made at any stage of the proceedings at which all parties are actually present before the court either in person or by counsel or attorney, or at the hearing, the Application may be made viva voce, and may be disposed of at once, otherwise the Application must be made and disposed of on summons. It shall be in the discretion of the court to direct which Issue shall be first disposed of.
Reference of Account.
Whenever any case or proceeding before the court shall involve or consist, wholly or partly, of Matters of Account which cannot be conveniently investigated in the ordinary Way, the Judge may refer such Matter of Account to any competent Person, for a Report thereon, and may from Time to Time remit such Report to the Referee for Re-consideration and may determine the case or Proceeding before the court in accordance with such Report, or not, as he shall think fit. The Judge may award any Sum which he shall deem just and sufficient under the circumstances by Way of Remuneration to the Referee, and such Sum shall be paid by such Party and at such Time as the court shall order, and the Payment thereof may be enforced in the same Manner as the Payment of costs.
Setting down of Cause for Hearing.
No cause can be set down for hearing without order of the court first obtained.
At the expiration of the time allowed for answering, the plaintiff may apply ex parte for an order to set down the cause for hearing.
An order to set down the cause may be made on the Application of the Defendant by summons, if it appears to the court, having regard to the state of the pleadings, that the cause is ready to be heard, and that there has been delay on the part of the plaintiff in obtaining an order for setting down the cause, for which the Plaintiff has no reasonable excuse, (as the absence or illness of a material witness,) and that the Defendant is prejudiced or may reasonably be expected to be prejudiced by such delay.
Dismissal for want of Prosecution.
Where the plaintiff does not obtain an Order for setting down the cause within one month from the time at which he might first apply for such an order, the Defendant may apply by motion for an order to dismiss the Petition for want of prosecution.
On such Application, the court may if it thinks fit make an order dismissing the Petition, or make such other order or impose such terms as the Court thinks just and reasonable.
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