9. Insertion of new Chapter XVIIA in the principal enactment

The following new chapter is hereby inserted immediately after Chapter XVII of the principal enactment and shall have effect as Chapter XVIIA of that enactment:-

“CHAPTER XVIIA

OF THE PRE TRIAL

142A.The parties shall tender their proposed admissions and issues in writing to the court registry, fourteen days prior to the date fixed for the pre-trial hearing with the proof of service by the submission of a copy of such admissions and issues to all other parties.

142B. Subject to the provisions of section 142A the Judge conducting the Pre-Trial hearing may either on his own motion or on the application of any party and for sufficient cause shown, advance or postpone the date fixed for the pre-trial hearing:

Provided that, the Judge conducting the

Pre-Trial hearing shall conclude the hearing within three months from the commencement of such hearing, unless the Judge conducting the Pre-Trial hearing is prevented from acting accordingly for reasons to be recorded by him and no adjournment in excess of four weeks may be granted, unless in exceptional circumstances.

142C. (1) If any party–

fails to diligently prosecute his or her case; or

fails to appear on the day fixed for the pre-trial hearing or on any other day to which it is adjourned, the Judge conducting the Pre-Trial hearing may, taking into consideration all appropriate circumstances -

proceed to dispose of the action in one of the methods specified in Chapter XII of this

make such other order as he may think fit.

In the event, the Judge conducting the

ascertaining jurisdictional issues;

elucidating the matters in dispute;

obtaining admissions of facts and of documents;

consolidating two or more pending cases;

identifying the number of witnesses based on admissibility and relevancy inclusive of expert witnesses;

appointing a court Expert;

assisting the parties to arrive at an adjustment, settlement, compromise or other agreement, with regard to the matter in issue in such action and may, for that purpose, suggest terms of settlement which in his view is reasonable, having regard to all the circumstances of the case;

ascertaining and recording any other matters which would be helpful in the speedy disposal of the action;

to take all steps and make all such orders as may appear to him to be necessary or desirable, for the expeditious and inexpensive disposal of the action.

regarding any question of fact determined by a written report from a person having special and independent knowledge of that fact;

for the issue of a commission under

an order to issue certified copies of any documents in the custody of any

At the Pre-Trial, the Judge conducting the Pre-Trial hearing shall record:-

the admissions by the parties of facts or documents or contents of documents;

the agreement of the parties with regard to any matter;

the agreement of parties to accept and to abide by:-

any decision of the Judge conducting the Pre-Trial hearing arrived at in such manner as may be agreed upon between the parties and entering of judgment in accordance with such decision;

any decision of the Judge conducting the Pre-Trial hearing on any or all issues of fact or law and entering of the judgment in accordance with such decision;

any agreement of the parties:-

with regard to the mode of proof of any fact or document;

as to the number of witnesses to be called;

to consolidate two or more pending actions;

withdrawal of actions; and

adjustment, settlement or compromise of actions.

When the Judge conducting the Pre-Trial hearing records an agreement of the parties under paragraph (c) of subsection (1) such Judge shall also read out and explain the effect of such agreement to the parties concerned and record the fact that the parties do understand the contents of such agreement and the effect thereof. The parties shall be required to sign the agreement.

After the issues are settled, and –

on the parties informing the Judge conducting the Pre-Trial hearing that all the Pre-Trial steps had been taken; and be appointed.

where the Judge conducting the