At any Time -Examine Party/Witness in Civil Suit

Examination of Party or Witness At Any Time after institution of Suit  .............( i.e. before hearing or framing issue ).....…...

                     

- Basically in civil suit a  party to suit or witness shall be examine after framing of issues i.e. at the time of hearing of suit. 

-  But in some exceptional circumstances party ( i.e. plaintiff or defendant) or witness of party may be examine at any time after institution of suit.

- Even though party to suit or witness may examine (above mentioned at any time means) even before framing of issues or before filing of written statement by defendant.

- Also defendant or witness of defendant may examine at any time before  evidence of plaintiff (i.e. before starting evidence of plaintiff).

- If witness of suit is about to leave the jurisdiction of court he may examine at any time after institution of suit.

- Exceptional circumstances for examination of party or witness is depending on fact of suit as well as circumstances of suit.

- In sometimes immediately examination is necessary due to old age of party or witness.

- Also in sometimes like S.68 of The Indian Evidence Act 1872 examination of one of attesting witness is mandatory ( document for example will,gift) but only one witness alive but his physical condition due to old age or some other reason not in good in such circumstance party to suit may examine at any time  after filing of suit.

- For examination of party or witness at any time after filing of suit permission of Court is necessary. i.e. application for such permission is mandatory

......... Relevant Provision......................

- - Order 18 Rule 16 of Civil Procedure Code 1908.

- - - - - - - Relevant Judgement - - - - -- - - - 

- Kumodini Damodar Magar v/s Bhushan Damodar Magar A.I.R. 2004 Bombay 396=2004(3) Mh.L.J.214=2004(4) All.M.R.782

- Daulat Jehangir Mehta v/s Piloo Dadabhoy Broacha 2005(1) Mh.L.J.623 = 2005(2) All.M.R.525

- Laxmibai (Dead) Thru LR's & Anr v/s Bhagwanthbuva (Dead) Thru LR's & Ors A.I.R.2013 S.C.1204 = 2013 SAR 243

- A.I.R. 1978 Patana 218.

........ Please Comment & give Suggestions for better development of next BLOG........