Framing of Issues/ List of Witness
- "ISSUES" are framed by the court, on the basis of which arguments and examination of witness takes place.
- Issues are framed, keeping in view the disputes in the suit, and the parties are not allowed to go outside the purview of "Issues".
- Issues may be of : A) Fact or B) Law
- While passing final order, the court will deal with each issue separately, and pass judgment on each issue.
List Of Witness
- Whichever witness, the parties wish to produce, and to be examined, has to be produced before the court.
- Both the parties to the suit shall file a list of witness within 15 days from the date on which issues were framed or within such other period as the court may prescribe.
- The parties may either call the witness on it's own, or ask the court to send summons to them.
- In case court send summons to witness then the party calling for such witness has to deposit money ' with the Court for their expenses, known as "Diet Money".
- A person, who does not appear before the court, if he is required by the court to do so, then the court may impose fine and penalty on him.
Finally on the date, the witness will be examined by both the parties.
- Examination by party of it's own witness is called "Examination-in-chief"
- Examination by party of other party's witness is called "cross Examination".
- Whatever, has to be deposed in " Examination -in-chief", can also be filed by way of an Affidavit.
- Once, the Examination and Cross- Examination of witness is over, and also the admission and denial of documents, then the court will fix a date for final hearing.