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CODE OF CIVIL PROCEDURE 1908

ORDER XVI SUMMONING ATTENDANCE OF WITNESSES

What is List of witnesses and summons to witnesses? What is the procedure for Production of witnesses without summons? What is the meaning of Expenses of witness to be paid into Court on applying for summons? How to Tender of expenses to witness? What is the Procedure where insufficient sum paid in? What is the meaning of Time, place and purpose of attendance to be specified in summons? What is Summons to produce document? What is Power to require persons present in Court to give evidence or produce document? Rule 1, 2, 3, 4, 5, 6 and 7 of Order XVI of Code of Civil Procedure 1908

 

 

Summons how served? What is the Time for serving summons? What is the Procedure whose witness fails to comply with summons? What is the meaning If witness appears attachment may be withdrawn? What is the Procedure if witness fails to appear? What is the Mode of attachment? What is the meaning of Court may of its own accord summon as witnesses strangers to suit? Rule 8, 9, 10, 11, 12, 13 and 14 of Order XVI of Code of Civil Procedure 1908

What is the Duty of persons summoned give evidence or produce document? When they may depart? What is Application of rule 10 to 13, Procedure where witness apprehended cannot give evidence or produce document? What is the meaning of No witness to be ordered to attend in person unless resident within certain limits? What is the Consequence of refusal of party to give evidence when called on by Court? What are the Rules as to witnesses to apply to parties summoned? Rule 15, 16, 17, 18, 19, 20 and 21 of Order XVI of Code of Civil Procedure 1908

ORDER XVII A SUMMONING ATTENDANCE OF WITNESSES

What are the Definitions? What is the Power to require attendance of prisoners to give evidence? What are the Expenses to be paid into Court? What is the Power of State Government to exclude certain persons from the operation of rule 2? What is the meaning of officer in charge of prison to abstain from carrying out order in certain cases? What is the meaning Prisoners to be brought to Court in custody? What is the Power to issue commission for examination of witness in prison? Rule 1, 2, 3, 4, 5, 6 and 7 of Order XVII A of Code of Civil Procedure 1908

ORDER XVIII SUMMONING ATTENDANCE OF WITNESSES

What is Right to begin? What is Statement and production of evidence? What is the Evidence where several issues? What is the meaning of Party to appear before other witnesses? Is Witnesses to be examined in open Court? How evidence shall be taken in appealable cases? When deposition to be interpreted? Rule 1, 2, 3, 4, 5 and 6 of Order XVIII of Code of Civil Procedure 1908

What is Evidence under section 138? What is Memorandum when evidence not taken down by Judge? When evidence may be taken in English? Any particular question and answer way he taken down? What are the Questions objected to and allowed by Court? What is Remarks on demeanour of witnesses? Rule 7, 8, 9, 10, 11 and 12 of Order XVIII of Code of Civil Procedure 1908

What is Memorandum of evidence in unappealable cases? When Judge unable to make such memorandum to record reasons of his inability? What is the Power to deal with evidence taken before another Judge? What is the Power to examine witness immediately? What is the meaning Court may recall and examine witness? What is Production of evidence not previously known or which could not be produced despite due diligence? What is the Power of Court to inspect? Rule 13, 14, 15, 16, 17, 17A and 18 of Order XVIII of Code of Civil Procedure 1908

 

 

ORDER XIX AFFIDAVITS

What is the Power to order any point to be proved by affidavit? What is the Power to order attendance of deponent for cross-examination? Matters to which affidavits shall be confined? Rule 1, 2 and 3 of Order XIX of Code of Civil Procedure 1908

ORDER XX JUDGMENT AND DECREE

Judgment when pronounced? What is the Power to pronounce judgment written by judge's predecessor? Is Judgment to be signed? What is Judgments of Small Cause Courts? What is the meaning Court to state its decision on each issue? What is the meaning of Court to inform parties as to where an appeal lies in cases where parties are not represented by pleaders? What are the Contents of decree? Is Last paragraph of judgment to indicate in precise terms the reliefs granted? Copies of typewritten judgments when to be made available, What is the Date of decree? Rule 1, 2, 3, 4, 5, 5A, 6, 6A, 6B and 7 of Order XX of Code of Civil Procedure 1908

What is the Procedure where Judge has vacated office before signing decree? What is Decree for recovery of immovable property? What is Decree for delivery of movable property? What is the meaning Decree may direct payment by installments? What is Decree for possession and mesne profits? What is Decree in administration suit? What is Decree in pre-emption suit? Rule 8, 9, 10, 11, 12, 12A, 13 and 14 of Order XX of Code of Civil Procedure 1908

What is Decree in suit for dissolution of partnership? What is Decree in suit for account between principal and agent? What is Special directions as to accounts? What is Decree in suit for partition of property or separate possession of a share therein? Decree when set-off or counter-claim is allowed? What is the meaning of Certifies copies of judgment and decree to be furnished? Rule 15, 16, 17, 18, 19 and 20 of Order XX of Code of Civil Procedure 1908

ORDER XVII A ATTENDANCE OF WITNESSES CONFINED OR RETAINED IN PRISONS - RULE 1, 2, 3, 4, 5, 6, 7 OF CODE OF CIVIL PROCEDURE 1908

What are the Definitions? What is the Power to require attendance of prisoners to give evidence? What are the Expenses to be paid into Court? What is the Power of State Government to exclude certain persons from the operation of rule 2? What is the meaning of officer in charge of prison to abstain from carrying out order in certain cases? What is the meaning Prisoners to be brought to Court in custody? What is the Power to issue commission for examination of witness in prison? Rule 1, 2, 3, 4, 5, 6 and 7 of Order XVII A of Code of Civil Procedure 1908

 

 Definitions, Power to require attendance of prisoners to give evidence, Expenses to be paid into Court, Power of State Government to exclude certain persons from the operation of rule 2-, officer in charge of prison to abstain from carrying out order in certain cases, Prisoners to be brought to Court in custody and Power to issue commission for examination of witness in prison are defined under Rule 1, 2, 3, 4, 5, 6 and 7 of Order XVII A of Code of Civil Procedure 1908. Provisions under these Rules are:

Rule 1 Order XVII A of Code of Civil Procedure 1908 "Definitions"

In this Order, -

(a) "detained" includes detained under any law providing for preventive detention;

(b) "prison" includes-

(i) any place which has been declared by the State Government, by general or special order, to be a subsidiary jail; and

(ii) any reformatory, borstal institution or other institution of a like nature.

Rule 2 Order XVII A of Code of Civil Procedure 1908 "Power to require attendance of prisoners to give evidence"

Where it appears to a Court that the evidence of a person confined or detained in a prison within the State is material in a suit, the Court may make an order requiring the officer in charge of the prison to produce that person before the Court to give evidence :

Provided that, if the distance from the prison to the Court-house is more than twenty-five kilometres, no such order shall be made unless the Court is satisfied that the examination of such person on commission will not be adequate.

Rule 3 Order XVII A of Code of Civil Procedure 1908 "Expenses to be paid into Court"

(1) Before making any order under rule 2, the Court shall require the party at whose instance or for whose benefit the order is to be issued, to pay into Court such sum of money as appears to the Court to be sufficient to defray the expenses of the execution of the order, including the traveling and other expenses of the escort provided for the witness.

(2) Where the Court is subordinate to a High Court, regard shall be had, in fixing the scale of such expenses, to any rules made by the High Court in that behalf.

Rule 4 Order XVII A of Code of Civil Procedure 1908 "Power of State Government to exclude certain persons from the operation of rule 2"
(1) The State Government may, at any time, having regard to the matters specified in sub-rule (2), by general or special order, direct that any person or class of persons shall not be removed from the prison in which he or they may be confined or detained, and thereupon, so long as the order remains in force, no order made under rule 2, whether before or after the date of the order made by the State Government, shall have effect in respect of such person or class of persons.

(2) Before making an order under sub-rule (1), the State Government shall have regard to the following matters, namely :-

(a) the nature of the offence for which, or the grounds on which, the person or class of persons have been ordered to be confined or detained in prison;

(b) the likelihood of the disturbance of public order if the person or class of persons is allowed to be removed from the prison; and

(c) the public interest, generally.

Rule 5 Order XVII A of Code of Civil Procedure 1908 "officer in charge of prison to abstain from carrying out order in certain cases"

Where the person in respect of whom an order is made under rule 2-

(a) is certified by the medical officer attached to the prison as unfit to be removed from the prison by reason of sickness or infirmity; or

(b) is under committal for trial or under remand pending trial or pending a preliminary investigation; or

(c) is in custody for a period which would expire before the expiration of the time required for complying with the order and for taking him back to the prison in which he is confined or detained; or

(d) is a person to whom an order made by the State Government under rule 4 applies,

the officer in charge of the prison shall abstain from carrying out the Court's order and shall send to the Court a statement of reasons for so abstaining.

Rule 6 Order XVII A of Code of Civil Procedure 1908 "Prisoners to be brought to Court in custody"

In any other case, the officer in charge of the prison shall, upon delivery of the Court's order, cause the person named therein to be taken to the Court so as to be present at the time mentioned in such order, and shall cause him to be kept in custody in or near the Court until he has been examined or until the Court authorises him to be taken back to the prison in which he is confined or detained.

Rule 7 Order XVII A of Code of Civil Procedure 1908 "Power to issue commission for examination of witness in prison"

(1) Where it appears to the Court that the evidence of a person confined or detained in a prison, whether within the State or elsewhere in India, is material in a suit but the attendance of such person cannot be secured under the preceding provisions of this Order, the Court may issue a commission for the examination of that person in the prison in which he is confined or detained.

(2) The provisions of Order XXVI shall, so far may be, apply in relation to the examination on commission of such person in prison as they apply in relation to the examination on commission of any other person.

 

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