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Bare acts > Code of Civil Procedure, 1908 > Order 18 Rule 2
 
  


 

2. 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.

(3A) Any party may address oral arguments in a case, and shall before he concludes the oral arguments, if any, submit if the Court so permit concisely and under distinct headings written arguments in support of his case to the Court and such written arguments shall form part of the record.

(3B) A copy of such written arguments shall be simultaneously furnished to the opposite party.

(3C) No adjournment shall be granted for the purpose of filing the written arguments unless the Court, for reasons to be recorded in writing considers it necessary to grand such adjournment.

(3D) The Court shall fix such time-limits for the oral arguments by either of the parties in a case, as it thinks fit.

4 Recording of evidence.- (1) In every case, the examination-in-chief of a witness shall be on affidavit and copies thereof shall be supplied to the opposite party by the party who calls him for evidence:

Provided that where documents are filed and the parties rely upon the documents, the proof and admissibility of such documents which are files along with affidavit shall be subject to the orders of the Court.

(2) The evidence (cross-examination and re-examination) of the witness in attendance, whose evidence (examination-in-chief) by affidavit has been furnished to the Court, shall be taken either by the Court or by the Commissioner appointed by it:

Provided that the Court may, while appointing a commission under this sub-rule, consider taking into account such relevant factors as it thinks fit:

(3) The Court or the Commissioner, as the case may be shall record evidence either in writing or mechanically in the presence of the Judge or of the Commissioner, as the case may be, and where such evidence is recorded by the Commissioner he shall return such evidence together with his report in writing signed by him to the Court appointing him and the evidence taken under it shall form part of the record of the suit.

(4) The Commissioner may record such remarks as it thinks material respecting the demeanour of any witness while under examination:

Provided that any objection raised during the recording of evidence before the Commissioner shall be recorded by him and decided by the Court at the stage of arguments.

(5) The report of the Commissioner shall be submitted to the Court appointing the commission within sixty day from the date of issue of the commission unless the Court for reasons to be recorded in writing extends the time.

(6) The High Court or the District Judge, as the case may be, shall prepare a panel of Commissioners to record the evidence under this rule.

(7) The Court may by general or special order fix the amount to be paid as remuneration for the services of the Commissioner.

(8) The provision of rules 16, 16A, 17 and 18 of Order XXVI, in so far as they are applicable, shall apply to the issue, execution and return of such commissions under this rule.]

HIGH COURT AMENDMENTS

Allahabad.- For the present Rule 2, substitute the following:

“2. (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, indicating the relevancy of each of the documents produced by him, and the nature of the oral evidence which he proposes to adduce and shall then call his witnesses in support of the issues which he is bound to prove.

(2) The other party shall then state his case in the manner aforesaid and produce his evidence (if any).” (24.7.1926).

Andhra Pradesh and Bombay.- Same as that of Madras.

Delhi and Himachal Pradesh.- Same as that of Punjab.

Karnataka.- Same as that of Madras (9 .2.1967).

Kerala.- Same as that of Madras from the words “nothing any stage” after that add the following” of the suit for reasons to be recorded.” (9.6.1959).

Madhya Pradesh.- Add the following in sub-rule (4):

“(4) Notwithstanding anything contained in this rule the Court may order that the production of evidence or the address to the Court may be in any order which it may deem fit.” (16.9.1960).

Madras.- Insert the following Explanation at the end of Rule 2:

“Explanation - Nothing in this rule shall affect the jurisdiction of the Court for reasons to be recorded in writing to direct any party to examine any witness at any stage.”

Orissa.- Add Explanation as in Madras.

Punjab, Haryana and Chandigarh.- Add the Explanation as in Madras as Explanation 1:

“Explanation 2 - The expression “witness” in Explanation 1 shall include any party as his own witness.” (6.1942).

Rajasthan.- The following shall be inserted as sub-rule (4) to Rule 2:

“(4) Where a party himself wishes to appear as a witness, he shall so appear before any other witness on his behalf has been examined; provided that the Court may on an application made in this beha1f and for reasons to be recorded, permit him to appear as his own witness at a later stage.” (25.7.1957).

Rule 2-A

Assam and Nagaland, Calcutta: Andaman and Nicobar Islands.- Insert the following as
Rule 2-A:

“2-A Notwithstanding anything contained in clauses (1) and (2) of Rule 2, the Court may for sufficient reason go on with the hearing although the evidence of the party having the right to begin has not been concluded, and may also allow either party to produce any witness at any stage of the suit.”

 

 

 

 

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