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    Hearing of The Suit and Examination of Witnesses

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    ritik chouhan
    The document summarizes various provisions under Order XVIII of the Code of Civil Procedure (CPC) relating to the hearing of suits and examination of witnesses. Some key points include: - A plaintiff can examine any witness, including themselves, the defendant, or strangers. The defendant cannot be compelled to produce unregistered documents but the plaintiff must prove their case. - The hearing of a suit begins when evidence collection starts and ends upon judgment. No evidence can be considered for arguments not raised. The plaintiff need not prove their case solely from the written statements. - A party need not appear as a witness if they do not wish to. Recalling witnesses is allowed to clarify issues but not fill gaps, and

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    Hearing of The Suit and Examination of Witnesses

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    ritik chouhan
    167 views3 pages
    The document summarizes various provisions under Order XVIII of the Code of Civil Procedure (CPC) relating to the hearing of suits and examination of witnesses. Some key points include: - A plaintiff can examine any witness, including themselves, the defendant, or strangers. The defendant cannot be compelled to produce unregistered documents but the plaintiff must prove their case. - The hearing of a suit begins when evidence collection starts and ends upon judgment. No evidence can be considered for arguments not raised. The plaintiff need not prove their case solely from the written statements. - A party need not appear as a witness if they do not wish to. Recalling witnesses is allowed to clarify issues but not fill gaps, and

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    Hearing

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    HEARING OF THE SUIT AND EXAMINATION OF WITNESSES

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    The document summarizes various provisions under Order XVIII of the Code of Civil Procedure (CPC) relating to the hearing of suits and examination of witnesses. Some key points include: - A plaintiff can examine any witness, including themselves, the defendant, or strangers. The defendant cannot be compelled to produce unregistered documents but the plaintiff must prove their case. - The hearing of a suit begins when evidence collection starts and ends upon judgment. No evidence can be considered for arguments not raised. The plaintiff need not prove their case solely from the written statements. - A party need not appear as a witness if they do not wish to. Recalling witnesses is allowed to clarify issues but not fill gaps, and

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    167 views3 pages

    Hearing of The Suit and Examination of Witnesses

    Uploaded by

    ritik chouhan
    The document summarizes various provisions under Order XVIII of the Code of Civil Procedure (CPC) relating to the hearing of suits and examination of witnesses. Some key points include: - A plaintiff can examine any witness, including themselves, the defendant, or strangers. The defendant cannot be compelled to produce unregistered documents but the plaintiff must prove their case. - The hearing of a suit begins when evidence collection starts and ends upon judgment. No evidence can be considered for arguments not raised. The plaintiff need not prove their case solely from the written statements. - A party need not appear as a witness if they do not wish to. Recalling witnesses is allowed to clarify issues but not fill gaps, and

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    HEARING OF THE SUIT AND EXAMINATION OF WITNESSES

    (ORDER XVIII OF CPC)

    Order XVIII Rule 1 of CPC - Balaram Rathore vs Sub Divisional


    Officer, Bilashpur [AIR 2011 CHANDIGARH 120] A plaintiff can
    examine any witness he so likes. The witness may be a stranger, may be a
    man of his own party or party himself or may be a defendant or his man.
    R.Balachandran vs Gnanasigamani Rajadurai and another [2019 (2)
    TNCJ 702] - Suit for declaration and recovery of possession is filed by the
    plaintiff. Defendant is claiming right over the suit property on the basis of
    an unregistered will. Notice is given by the plaintiff to produce the
    unregistered will relied on in the written statement. The said application
    was dismissed on the ground the defendant cannot be compelled to produce
    the said will and further held it is for the plaintiff to prove his case by letting
    in evidence.
    Order XVIII Rule 2 of CPC - Rasiklal Manickchand Dhariwal vs M.S.S
    Food Products [2012 (2) SCC 196] - The hearing of suit starts when
    evidence in a suit begins and it concludes when judgment is pronounced.
    Kishore Keerthilal Mehta vs Lilavathi Keerthilal Mehta Medical Trust
    [2007 (10) SCC 21] - No amount of evidence can be looked into on a plea
    never put forward.
    Naresh Chandra Singhania vs Deepika [2005 (10) SCC 299] - It is not
    necessary for plaintiff to establish his case from written statement.
    Order XVIII Rule 3-A - N.C.Kaladharan vs Kamaleshwaran [2002 (10)
    SCC 184] - If party does not wish to appear as a witness at all the question
    whether he should appear first loses its relevance where appellant applied
    for a probate of will but he did not wish to appear as a witness himself held
    on facts the court could proceed to examine the evidence in terms of section
    68 of the Indian Evidence Act.
    Order XVIII Rule 4 - Rasiklal Manickchand Dhariwal vs M.S.S Food
    Products [2012 (2) SCC 196] - The hearing of suit starts when evidence in
    a suit begins and it concludes when judgment is pronounced. Inspite of
    several opportunities the defendant failed to cross examine plaintiff side
    witness and it remained unrebutted and unchallenged. Trial court decreed
    the suit on appeal the High Court has held that no illegality has been
    committed by the trial court in decreeing the suit.
    Salem Advocate Bar Association vs Union of India [2003 (1) SCC 49] -
    In case of summoned witnesses the production of examination in chief
    (proof affidavit) may be waived and the court may record the evidence
    (chief examination)
    Salem Advocate Bar Association vs Union of India [2003 (1) SCC 49] -
    Under Order XVIII Rule 4 (3) when evidence is recorded by Commissioner
    it is advisable that there should be simultaneously atleast an audio recording
    of the statement of the witnesses so as to obviate any controversy at the
    later stage.
    Order XVIII Rule 17 - A.K.Velusamy vs N.Palanisamy [2011 (11) SCC
    275] - Power under Order XVIII Rule 17 is to enable court to clarify any
    issue or doubt it may have in regard to evidence led by parties by recalling
    any witness. But this power cannot be used to fill up the lacunae.
    Vadiraj Nagappa Vemaker vs Shard Chandra Prabhakar Gogate [2009
    (4) SCC 410] - Court may recall a witness either on its own notion or on
    application by any party to the suit. Prejudice is not a ground for exercise
    of power by court. If the re-examination has a bearing on the ultimate
    decision of the suit recall may be ordered.
    Pandi vs Vasanthi [2018 (2) TNCJ 78] - If the witness was cross examined
    in extenso on all aspects he cannot be recalled.
    P.Vellore vs P.Pandian [2020 (4) LW 890] - After the cross examination
    additional issues were framed. Therefore, witness can be recalled.
    Order XVIII Rule 18 - Mehraj Begam vs Government of Tamil Nadu
    [2018 (5) LW 758] - Under Order XVIII Rule 18 court is empowered to
    inspect the sites.
    Arumugan vs Pechammal [2020 (1) LW 713] - The High Court directed
    the Trial court to appoint an advocate commissioner to inspect the suit
    property. The trial court instead of appointing an advocate commissioner
    inspected the suit property and arrived at a decision by preparing a
    memorandum of such inspection. There is no illegality in it.

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