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

Comments

Post a Comment

Followers

Popular posts from this blog

Privileges and Immunities to Administration in Suits

Introduction You know government can enter into contracts. Government can start some business. It mean government can sue other people, or you can sue the government. Before you initiate a legal proceedings against government, or even after legal proceedings are initiated, there are some relaxations to government.( OK, we will use Government/Administration as per our discretion interchangeably in this post, but they will mean the same ). So, it might happen that to prove something you may need a document or evidence, but government may be given exemption to produce evidence in that regard. Let's take one example.  General law is that burden of proof is on prosecution. Meaning, the one who accuses other  needs to prove the crime/offence by other. But when government accuses you of Sedition, you have to prove your innocence, burden of proof is on YOU. This is scary, as many times government in power just accuses people of sedition who opposes their ideas/policies, and put opponents i
Read more

Legal History-Administration of Justice in Bombay (1668-1726)

Image
Story About Bombay In 1534, Portuguese acquired Bombay from Local Hindu Raja. Then Bombay was given to King Charles II as dowry in his sister's marriage to in 1661. In 1668 Bombay was given to rent to East India Company for a rent of 10  £ . By today's exchange it would be around 100 Rs. So  yes, Bombay was given on rent to East India Company for the price of 10 Vada-Pav. Administration of Bombay was subordinate to Surat back then. After renting it, company issued a charter in 1668 granting company some rights to make laws to deal with Bombay. Like Administration in Madras, development of Earlier administration could be studied in 3 stages. First Stage: 1670-1683 (Aungier Eara) During this period Bombay was subordinated to Surat. The Governor of Surat was ex-officio Governor of Bombay, though Bombay had Deputy Governor and Council. Gerald Aungier brought some changes in Administration of justice. Two plans, i.e plan of 1670 and plan of 1672 made progress in sou
Read more

Civil Procedure Code - Summoning and attendance of Witness (Order 16)

Image
There are tons of stages after plaint/WS is submitted and final judgment is given. Below are certain stages. In this blog We will deal with Order 16 i.e Summoning and attendance of witness. Order 16 have 21 rules. These rules mainly deals with How to summon the witness ? Who can summon the witness ? What if witness do not appear after summons ? How Summons are to be served ? Who will bear the cost when witness appears? All in all, it deals with below things: Now party can give a list of witness to court to be summoned or court can sometime on it's own accord order the attendance of witness or production of documents from Witness as per Rule 14 of Order 21. General Procedure When Court summon on the request of parties, procedure is something like First party will submit the list of witness to court withing 15 days of settlement of issues. Court will issue summons based on list. Witness can attend without summons also as per Rule 1A Court issues the
Read more