Civil Procedure Code - Hearing of Suit and Examination of Witness (Order 18)

Order 18 deals Hearing in suit and Examination of Witness.

Here are few questions. Who would start examination first ? What should be the language of examination ? Who should take an evidence from witness ? What is the procedure to take down the Evidence ?

Answer to these questions are provided in Order 18.

It mainly consist of procedure and power of the courts relating to it.

The Procedure

Who should give the evidence first ? Rule 1 answers this.


How should the evidence may be given ? 

There has been revamp in the way evidences are taken. Rule 4 states the procedure as to how the evidences be taken.

How should evidences be taken in cases where party can file an appeal ?

Additional provision regarding language, memorandum etc.


Order 18 also provides from recording of demeanor. This one is important. Demeanor are additional things like the way in which witness gave evidence, his expression ,his manner etc. These demeanor are important to find the worthiness of witness.

Here are some more provisions from Order 18 

Courts are required to prepare memorandum in un-appealable cases.


Certain Power of the Courts

Rule 15 to 19 confers some power upon court in relation with examination of witness.


Some additional powers.



That's on overview about hearing of suit and examination of witness. Two things, the procedure and some powers..!!


Legalfundaa

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