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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 What is the meaning If witness appears attachment may be withdrawn?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 13, 14, 15, 16, 17, 17A, 18 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

 

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

Rule 13 Order XVIII of Code of Civil Procedure 1908 "Memorandum of evidence in unappealable cases"

In cases in which an appeal is not allowed, it shall not be necessary to take down or dictate or record the evidence of the witnesses at length; but the Judge, as the examination of each witness proceeds, shall make in writing, or dictate directly on the typewriter, or cause to be mechanically recorded, a memorandum of the substance of what the witness deposes, and such memorandum shall be signed by the Judge or otherwise authenticated, and shall form part of the record.

Rule 14 Order XVIII of Code of Civil Procedure 1908 "Judge unable to make such memorandum to record reasons of his inability"

Repealed by the Code of Civil Procedure (Amendment) Act, 1976, w.e.f 1st. February, 1977

Rule 15 Order XVIII of Code of Civil Procedure 1908 "Power to deal with evidence taken before another Judge"

(1) Where a Judge is prevented by death, transfer or other cause from concluding the trial of a suit, his successor may deal with any evidence or memorandum taken down or made under the foregoing rules as if such evidence or memorandum had been taken down or made by him or under his direction under the said rules and may proceed with the suit from the stage at which his predecessor left it.

(2) The provisions of sub-rule (1) shall, so far as they are applicable, be deemed to apply to evidence taken in a suit transferred under section 24.

Rule 16 Order XVIII of Code of Civil Procedure 1908 "Power to examine witness immediately"
(1) Where a witness is about to leave the jurisdiction of the Court, or other sufficient cause is shown to the satisfaction of the Court why his evidence should be taken immediately, the Court may, upon the application of any party or of the witness, at any time after the institution of the suit, take the evidence of such witness in manner hereinbefore provided.

(2) Where such evidence is not taken forthwith and in the presence of the parties, such notice as the Court thinks sufficient, of the day fixed for the examination, shall be given to the parties.

(3) The evidence so taken shall be read over to the witness, and, if he admits it to be correct, shall be. signed by him, and the Judge shall, if necessary, correct the same, and shall sign it, and it may then be read at any hearing of the suit.

Rule 17 Order XVIII of Code of Civil Procedure 1908 "Court may recall and examine witness"

The Court may at any stage of a suit recall any witness who has been examined and may (subject to the law of evidence for the time being in force) put such questions to him as the Court thinks fit.

Rule 17A Order XVIII of Code of Civil Procedure 1908 "Production of evidence not previously known or which could not be produced despite due diligence"

Production of evidence not previously known or which could not be produced despite due diligence.

Rule 18 Order XVIII of Code of Civil Procedure 1908 "Power of Court to inspect"

The Court may at any stage of a suit inspect any property or thing concerning which any question may arise and where the Court inspects any property or thing it shall, as soon as may be practicable, make a memorandum of any relevant facts observed at such inspection and such memorandum shall form a part of the record of the suit.

 

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