(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.
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(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 evidences
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.