Order 16, rule 17 of Civil Procedure Rules : Procedure where witness apprehended cannot give evidence or produce document
Where any person arrested under a warrant is brought before the court in custody, and cannot, owing to the absence of the parties or any of them, give the evidence or produce the document which he has been summoned to give or produce, the court may require him to give reasonable bail or other security for his appearance at such time and place as it thinks fit, and on such bail or security being given may release him, and in default of his giving such bail or security may order him to be detained in prison.
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- Order 16, rule 18 - Consequence of refusal of a party to give evidence when called on by the Court
Where any party to a suit present in court refuses, without lawful excuse, when required by the court, to give evidence or produce any document there and then in his possession or power, the court may...
- Order 16, rule 19 - Rules as to witnesses to apply to parties summoned
Where any party to a suit is required to give evidence, or to produce a document, the provisions as to witnesses shall apply to him so far as they are applicable.
- Order 17, rule 1 - Hearing from day to day
(1) Once the suit is set down for hearing, it shall not be adjourned unless a party applying for adjournment satisfies the court that it is just to grant the adjournment.
(2) When the court grants...
- Order 17, rule 2 - Notice to show cause why suit should not be dismissed
(1) In any suit in which no application has been made or step taken by either party for one year, the court may give notice in writing to the parties to show cause why the suit should not be...
- Order 17, rule 3 - Procedure if parties fail to appear on day fixed
Where, on any day to which the hearing of the suit is adjourned, the parties or any of them fail to appear, the court may proceed to dispose of the suit in one of the modes directed in that behalf by...
- Order 17, rule 4 - Court may proceed notwithstanding either party fails to produce evidence
Where any party to a suit to whom time has been granted fails to produce his evidence, or to cause the attendance of his witnesses, or to perform any other act necessary to the further progress of the...
- Order 18, rule 1 - Right to begin
The plaintiff shall have the right to begin unless the court otherwise orders.
- Order 18, rule 2 - Statement and production of evidence
Unless the court otherwise orders—
(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...
- Order 18, rule 3 - Witnesses to be examined in open court
The evidence of the witnesses in attendance shall be taken orally in open court in the presence of and under the personal direction and superintendence of the judge
- Order 18, rule 4 - How evidence to be recorded
The evidence of each witness shall be taken down in writing by or in the presence and under the personal direction and superintendence of the judge, not ordinarily in the form of question and answer...
- Order 18, rule 5 - Any particular question and answer may be taken down
The court may, of its own motion or on the application of any party or his advocate, take down any particular question and answer, or any objection to any question, if there appears to be any special...
- Order 18, rule 6 - Questions objected to and allowed by court
Where any question put to a witness is objected to by a party or his advocate, and the court allows the same to be put, the judge shall take down the question, the answer, the objection, and the name...
- Order 18, rule 7 - Remarks on demeanour of witness
The court may record such remarks as it thinks material respecting the demeanour of any witness while under examination.
- Order 18, rule 8 - Power to deal with evidence taken before another judge
(1) Where a judge is prevented by death, transfer, or other cause from concluding the trial of a suit or the hearing of any application, his successor may deal with any evidence taken down under the...
- Order 18, rule 9 - Power to examine witness immediately
(1) Where a witness is about to leave the jurisdiction of the court, or other sufficient cause is shown to the satisfaction of the court why his evidence should be taken immediately, the court may,...
- Order 18, rule 10 - Court may recall and examine witness
The court may at any stage of the suit recall any witness who has been examined, and may, subject to the law of evidence for the time being in force; put such questions to him as the court thinks fit....
- Order 18, rule 11 - Power of court to inspect
The court may at any stage of a suit inspect any property or thing concerning which any question may arise.
- Order 19, rule 1 - Power to order any point to be proved by affidavit
Any court may at any time for sufficient reason order that any particular fact or facts may be proved by affidavit, or that the affidavit of any witness may be read at the hearing, on such conditions...
- Order 19, rule 2 - Power to order attendance of deponent for cross-examination
(1) Upon any application, evidence may be given by affidavit, but the court may, at the instance of either party, order the attendance for cross-examination of the deponent.
(2) Such attendance...
- Order 19, rule 3 - Matters to which affidavits shall be confined
(1) Affidavits shall be confined to such facts as the deponent is able of his own knowledge to prove:
Provided that in interlocutory proceedings, or by leave of the court, an affidavit may contain...
- Order 19, rule 4 - Deponent’s particulars
Every affidavit shall state the description, true place of abode and postal address of the deponent, and if the deponent is a minor shall state his age.
- Order 19, rule 5 - Manner of drawing affidavit
Every affidavit shall be drawn in the first person and divided into paragraphs numbered consecutively which shall be confined as nearly as may be to a distinct portion of the subject.
- Order 19, rule 6 - Striking out matter
The court may order to be struck out from any affidavit any matter which is scandalous, irrelevant or oppressive.
- Order 19, rule 7 - Irregularity in form of affidavit
The court may receive any affidavit sworn for the purpose of being used in any suit notwithstanding any defect by misdescription of the parties or otherwise in the title or other irregularity in the...
- Order 19, rule 8 - Affidavit sworn before suit filed
Unless otherwise directed by the court an affidavit shall not be rejected solely because it was sworn before the filing of the suit concerned.
- Order 19, rule 9 - Procedure
Applications under this Order may by chamber summons or orally in court.
- Order 20, rule 1 - Order for accounts
Where a plaint prays for an account, or where the relief sought or the plaint involves the taking of an account, if the defendant either fails to appear or does not after appearance by affidavit or...
- Order 20, rule 2 - Order for accounts on counterclaim
A defendant to an action commenced by plaint, and who has filed a counterclaim which includes a claim for an account or a claim which necessarily involves taking an account, on—
(a) the plaintiff;...
- Order 20, rule 3 - Procedure
An application for such order as is mentioned in rule 1 and 2 shall be made by chamber summons and be supported by an affidavit when necessary, filed on behalf of the plaintiff stating concisely the...
- Order 20, rule 4 - Orders by court
On hearing of the application, the court may, unless satisfied that there is some preliminary question to be tried, order that an account be taken and may also order that any amount certified on...
- Order 21, rule 1 - Judgment, when pronounced
In suits where a hearing is necessary, the court, after the case has been heard, shall pronounce judgment in open court, either at once or within sixty days from the conclusion of the trial notice of...
- Order 21, rule 2 - Power to pronounce judgment written by another judge
(1) A judge may pronounce a judgment written and signed but not pronounced by his predecessor.
(2) A judge of the High Court may pronounce a judgment written and signed but not pronounced by another...
- Order 21, rule 3 - Judgment to be signed
(1) A judgment pronounced by the judge who wrote it shall be dated and signed by him in open court at the time of pronouncing it.
(2) A judgment pronounced by a judge other than the judge by whom it...
- Order 21, rule 4 - Contents of judgment
Judgments in defended suits shall contain a concise statement of the case, the points for determination, the decision thereon, and the reasons for such decision.
- Order 21, rule 5 - Court to state its decision on each issue
In suits in which issues have been framed, the court shall state its finding or decision, with the reasons therefor, upon each separate issue.
- Order 21, rule 6 - Judgment affecting registered title to land
Where there is a prayer for a judgment the grant of which would result in some alteration to the title of land registered under any written law concerning the registration of title to land, a...
- Order 21, rule 7 - Contents of decree
(1) The decree shall agree with the judgment; it shall contain the number of the suit, the names and descriptions of the parties, and particulars of the claim, and shall specify clearly the relief...
- Order 21, rule 8 - Preparation and dating of decrees and orders
(1) A decree shall bear the date of the day on which the judgment was delivered.
(2) Any party in a suit in the High Court may prepare a draft decree and submit it for the approval of the other...
- Order 21, rule 9 - Costs
(1) Where the amount of costs has been—
(a) agreed between the parties;
(b) fixed by the judge or magistrate before the decree is drawn;
(c) certified by the registrar under section 68A of the...
- Order 21, rule 10 - Decree for recovery of immovable property
Where the subject-matter of the suit is immovable property, the decree shall contain a description of such property sufficient to identify the same, and, where such property can be identified by...
- Order 21, rule 11 - Decree for delivery of movable property
Where the suit is in respect of movable property, and the decree is for the delivery of such property, the decree shall also state the amount of money to be paid as an alternative if delivery cannot...
- Order 21, rule 12 - Decree may direct payment by instalments
(1) Where and in so far as a decree is for the payment of money, the court may for any sufficient reason at the time of passing the decree order that payment of the amount decreed shall be postponed...
- Order 21, rule 13 - Decree for possession and mesne profits
(1) Where a suit is for the recovery of possession of immovable property and for rent or mesne profits, the court may pass a decree— (a) for the possession of the property;
(b) for the rent or...
- Order 21, rule 14 - Decree in administration suit
(1) Where a suit is for an account in respect of any property or for its due administration under the decree of the court, the court shall, before passing the final decree, pass a preliminary decree...
- Order 21, rule 15 - Decree in suit for dissolution of partnership
Where a suit is for the dissolution of a partnership, or the taking of partnership accounts, the court, before passing a final decree, may pass a preliminary decree, declaring the proportionate shares...
- Order 21, rule 16 - Decree in suit for account between principal and agent
In a suit for an account of pecuniary transactions between a principal and an agent, and in any other suit not hereinbefore provided for, where it is necessary, in order to ascertain the amount of...
- Order 21, rule 17 - Special directions as to accounts
The court may, either by the decree directing an account to be taken or by any subsequent order, give special directions with regard to the mode in which the account is to be taken or vouched, and in...
- Order 21, rule 18 - Decree in suit for partition of property or separate possession of a share
Where a court passes a decree for the partition of property or for the separate possession of a share therein, the court may, if the partition or separation cannot be conveniently made without further...
- Order 21, rule 19 - Decree where set-off is allowed
(1) Where the defendant has been allowed a set-off against the claim of the plaintiff, the decree shall state what amount is due to the plaintiff and what amount is due to the defendant, and shall be...
- Order 21, rule 20 - Certified copies of judgment and decree to be furnished
The registrar, or in the case of a subordinate court, the presiding magistrate shall upon written request made by the parties or any of them, and upon payment of requisite fees, furnish certified...