Section 125: Appointment of date for appearance for examination of evidence

1) The court shall, in any of the following circumstances, execute a memorandum of order, setting out, inter alia, the matters to be adjudged as ascertained pursuant to Section 124, and appoint the date for appearance for the examination of evidence:

(a) If the accused refuses to make deposition pursuant to Section 122,

(b) If the defendant does not submit a statement of defense,

(c) If the accused makes deposition or statement of defense, denying wholly or partly the charge made against him or her,

(d) If the court executes a memorandum of order for the examination of evidence pursuant to clause (a) or (b) of the proviso to sub-section (1) of Section 123,

(e) Such other circumstance as may be held appropriate by the court.

2) While appointing the date for appearance for the examination of evidence pursuant to sub-section (1), the court shall estimate the time required for the witnesses to appear and the documentary evidence and thing to be produced, and so appoint such date that evidence is collected as soon as possible.

3) If the plaintiff of a case makes a request for time for the submission of further evidence or proof pursuant to sub-section (2) of Section 123, the court shall, in appointing the date for appearance pursuant to sub-section (1), generally appoint the date for appearance for the examination of evidence so that evidence is examined not later than two months after the filing of case.

4) In making order for appointing the date for appearance for the examination of evidence pursuant to sub-section (2) or (3), such order shall be so issued that the examination of all evidence required to be examined in the case is made at the same time as far as possible.

5) Subsequent to the order appointing the date for appearance pursuant to sub-section (1) or (2), the concerned party to the case shall submit or produce such evidence or witness before the court on the appointed date for appearance as required to be submitted or produced by that party.