Order XV Rule 2

One of several defendants not at issue

Disposal of the Suit at the first hearing, in the First Schedule to The Code of Civil Procedure, 1908

*[2. One of several defendants not at issue.-- 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.]]

*. Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Sch. (w.e.f. 23-10-2015).

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

2. Ins. by s. 65, ibid. (w.e.f 1-2-1977).

How this Rule is cited

It is written both ways, and both mean this Rule: Order XV Rule 2 CPC and Order 15 Rule 2 CPC. Pleadings usually take the arabic form, judgments usually the numeral.

Orders of the courts under it: Order 15 Rule 2 CPC, Order XV Rule 2 CPC. Each opens the full-text search over every order eCourtsIndia holds.

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. This page is not a substitute for legal advice.