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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 What is the meaning If witness appears attachment may be withdrawn?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 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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