Bailabel Type : bailable

Description

Order 18 of the Civil Procedure Code (CPC) outlines the rules governing the hearing of a suit and the examination of witnesses in civil proceedings. This order is critical for the orderly conduct of trials, the presentation of evidence, and the examination of witnesses to ensure that a fair and just decision is made.

Key Provisions of Order 18 - Hearing of the Suit and Examination of Witnesses

Rule 1: Hearing of the Suit

• Procedure of Hearing:
  The court will hear the suit in the manner it deems appropriate and ensure that both parties (plaintiff and defendant) have an opportunity to present their case. The process involves:
  1. Arguments of the Plaintiff and Defendant: Each party is allowed to present arguments and make submissions in the suit. The plaintiff will start by presenting their case, followed by the defendant's arguments.
  2. Order of Presentation: Typically, the plaintiff presents their evidence first and examines their witnesses. After the plaintiff's evidence is completed, the defendant then presents their evidence and examines their witnesses.

Rule 2: Power of Court to Direct Evidence

• Court’s Authority:
  The court has the power to direct the manner in which evidence is presented. This could involve giving instructions on which witnesses are to be called or which documents need to be produced. The court also has the discretion to allow or refuse the introduction of certain evidence based on the rules of admissibility.

• Time Allocation:
  The court may set specific timelines for the presentation of evidence to ensure the smooth flow of proceedings and prevent undue delays.

Rule 3: Examination of Witnesses

• General Procedure for Examination of Witnesses:
  The examination of witnesses is a critical part of the hearing. It consists of:

  1. Examination-in-Chief: The party calling the witness examines the witness first. During this phase, the party’s lawyer asks the witness questions to establish the facts that support their case.
  2. Cross-Examination: The opposing party has the right to cross-examine the witness. During cross-examination, the lawyer of the other party can ask questions designed to test the credibility and reliability of the witness’s testimony.
  3. Re-Examination: After the cross-examination, the party who called the witness can conduct a re-examination to clarify any points raised during cross-examination and to ensure the witness's testimony remains consistent.

• Scope of Examination:
  The examination is strictly governed by rules of procedure, and the questions asked must be relevant to the case at hand. Irrelevant questions are disallowed, and the judge has the power to control the questioning process.

Rule 4: Evidence of Parties

• Evidence on Affidavits:
  In certain situations, evidence may be presented through affidavits. Affidavits are written statements made under oath, and they may be used as evidence in the case. If a party wishes to present evidence through an affidavit, they must follow the proper procedure, ensuring the affidavit is sworn before an appropriate authority.

• Submission of Documents:
  Both parties must submit all documentary evidence they wish to rely on before or during the hearing. These documents should be provided to the court and the opposing party in a timely manner, as late submission could lead to the evidence being excluded.

Rule 5: Witnesses to be Called by Parties

• List of Witnesses:
  The parties are required to submit a list of witnesses they intend to call before the trial begins. The names of the witnesses, along with a brief description of the evidence they will present, are provided to the court and the opposing party. This ensures that the opposing party has an opportunity to prepare for cross-examination.

• Failure to Call Witnesses:
  If a party fails to call a witness listed in their list of witnesses, the court may not permit the witness to testify unless there is a valid reason for their absence.

Rule 6: Record of Proceedings

• Court’s Record:
  The court is responsible for maintaining a record of the proceedings during the examination of witnesses and the hearing of the case. This record is crucial for any future appeal or review of the case. The court will document the questions and answers, along with any objections or rulings made during the examination process.

Rule 7: Default in Attending Court

• Failure to Appear:
  If a party or witness fails to attend the court hearing without justifiable reason, the court may proceed with the case in their absence. The court may also issue a warrant of arrest or take other legal actions to compel the party or witness to attend.

Rule 8: Examination of Parties

• Examination of Party to the Suit:
  The court has the authority to examine the parties to the suit if necessary. The court may question the parties directly to clarify points or gather more information relevant to the case. The examination of parties is typically conducted to ensure clarity and completeness of the evidence presented.

Punishment

Failure to Appear:
If a party or witness fails to attend the trial without a valid reason, the court may proceed with the case, potentially leading to an ex-parte judgment (a judgment passed in the absence of one party). The defaulting party may also be penalized or face contempt of court charges.

Inability to Present Evidence:
If a party fails to present their evidence or witnesses in accordance with the rules, the court may exclude the evidence or disallow the witness from testifying, potentially leading to a loss of their case.

Misuse of Cross-Examination:
If the cross-examination is found to be abusive, irrelevant, or intended to harass the witness, the court may intervene and stop the questioning. If a party repeatedly engages in improper questioning, the court may penalize them or impose costs.