Step Or Proceeding - Definition - Law Dictionary Home Dictionary Definition step-or-proceeding

Definition :

Step or proceeding, explanation (a) to s. 20(4) of the U.P. Act, provides: 'For the purposes of this sub-s.:- (a) the expression 'first hearing' meant the first date for any step or proceedings mentioned in the summons served on the defendant. The step or proceeding mentioned in the summons referred to in the definition should be construed to be a step or proceeding to be taken by the Court for it is, after all, a 'hearing' that is the subject-matter of the definition, unless there be something compelling in the said Act to indicate otherwise. Further, it is not possible to construe the expression 'first date for any step or proceeding' to mean the step of filing the written statement, though the date for that purpose may be mentioned in the summons, for the reason that, it is permissible under the Code for the defendant to file a written statement even thereafter but prior to the first hearing when the Court takes up the case, since there is nothing in the said Act which conflicts with the provisions of the Code in this behalf, Siraj Ahmad Siddiqui v. Prem Nath Kapoor, AIR 1993 SC 2525: (1993) 4 SCC 406.