Tuesday, May 4, 2021

Witness Examination Before Hearing

- Examination of Witness before Hearing and Party appear as Witness after other witness....
                         

                                  
- Basically evidence of witness or party may be recorded after framing of issues.

- But if party to suit ( plaintiff or defendant ) shows sufficient cause or a witness is about to leave the jurisdiction of the court, the court may upon the application of any party allow to record evidence of witness at any time after institution of the Suit.

- - - - Also basically party to suit himself appear as witness before other witness on his behalf.

- But with permission of the court party may appear as witness after other witness on his behalf.

------ Relevant Provision ---------

- Order 18 Rule 16 & Rule 3A of C.P.C.

= = Relevant Judgement = ==

- Vijaysingh Godhandas v/s Dwarkadas Mulji 2001(4)M.L.J.735.

- Humberto v/s Floriano 2000(1) M.LJ.690.

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