ORDER XVIII HEARING OF THE SUIT AND EXAMINATION OF WITNESSES - RULE 1, 2, 3, 3A, 4, 5 OF CODE OF CIVIL PROCEDURE 1908

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

Right to begin, Statement and production of evidence, Evidence where several issues, Party to appear before other witnesses, Witnesses to be examined in open Court, How evidence shall be taken in appealable cases and When deposition to be interpreted are defined under Rule 1, 2, 3, 4, 5 and 6 of Order XVIII of Code of Civil Procedure 1908. Provisions under these Rules are:


 

Rule 1 Order XVIII of Code of Civil Procedure 1908 "Right to begin"

The plaintiff has the right to begin unless the defendant admits the facts alleged by the plaintiff and contends that either in point of law or on some additional facts alleged by the defendant the plaintiff is not entitled to any part of the relief which he seeks, in which case the defendant has the right to begin.

Rule 2 Order XVIII of Code of Civil Procedure 1908 "Statement. and production of evidence"

 (1) On the day fixed for the hearing of the suit or on any other day to which the hearing is adjourned, the party having the right to begin shall state his case and produce his evidence in support of the issues which he is bound to prove.

(2) The other party shall then state his case and produce his evidence (if any) and may then address the Court generally on the whole case.

(3) The party beginning may then reply generally on the whole case.

(4) Notwithstanding anything contained in this rule, the Court may, for reasons to be recorded, direct or permit any party to examine any witness at any stage.

Rule 3 Order XVIII of Code of Civil Procedure 1908 "Evidence where several issues"

Where there are several issues, the burden of probing some of which lies on the other party, the party beginning may, at his option, either produce his evidence on those issues or reserve it by way of answer to the evidence produced by the other party; and, in the latter case, the party beginning may produce evidence on those issues after the other party has produced all his evidence, and the other party may then reply specially on the evidence so produced by the party beginning; but the party beginning will then be entitled to reply generally on the whole case.

Rule 3A Order XVIII of Code of Civil Procedure 1908 "Party to appear before other witnesses"
Where a party himself wishes to appear as a witness, he shall so appear before any other witness on his behalf has been examined, unless the Court, for reasons to be recorded, permits him to appear as his own witness at a later stage.

Rule 4 Order XVIII of Code of Civil Procedure 1908 "Witnesses to be examined in open Court"

The evidence of the witnesses in attendance shall be taken orally in open Court in the presence and under the personal direction and superintendence of the Judge.

Rule 5 Order XVIII of Code of Civil Procedure 1908 "How evidence shall be taken in appealable cases"

In cases in which an appeal is allowed, the evidence of each witness shall be,-

(a) taken down in the language of the Court,-

(i) in writing by, or in the presence and under the personal direction and superintendence of, the Judge, or

(ii) from the dictation of the Judge directly on a typewriter; or

(b) if the Judge, for reasons to be recorded, so directs, recorded mechanically in the language of the Court in the presence of the Judge.

Rule 6 Order XVIII of Code of Civil Procedure 1908 "When deposition to be interpreted"

Where the evidence is taken down in language different from that in which it is given, and the witness does not understand the language in which it is taken down, the evidence as taken down in writing shall be interpreted to him in the language in which it is given.

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