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Report No. 27

"2. Oral examination of party or companion of party.-(1) At the first hearing of the suit, the Court-

(a) shall, with a view to elucidating the matters in controversy in the suit, examine orally such of the parties to the suit appearing in person or present in Court, as it deems fit, and

(b) may orally examine any person able to answer any material questions relating to the suit by whom any party appearing in person or present in Court or his pleader is accompanied.

[Order X, rule 2 earlier half, modified.]

(2) At any subsequent hearing, the Court may orally examine any party appearing in person or present in Court, or any person able to answer any material questions relating to the suit by whom such party or his pleader is accompanied.

(3) The Court may, if it thinks fit, put in the course of an examination under this rule questions suggested by either party.".

[Cf. Order X, rule 2, latter half]

Order XI, rule 6

In rule 6 of Order XI of the First Schedule to the principal Act, after the words "at that, stage", the words "or on the ground of privilege" shall be inserted.

[Cf Order XXVI, rule 4(1), R.S.C. Revision (1962).]

Order XI, rule 15

In rule 15 of Order XI of the First Schedule to the principal Act, after the words "in whose pleadings or affidavits reference is made to any document", the words "or who has entered any document in any lists added or annexed to his pleadings" shall be inserted.

[Cf. also Order XI, rule 19(2).]

Order XI, rule 19

In rule 19 of Order XI of the First Schedule to the principal Act, in sub-rule (2), the words "unless the document relates to matters of State" shall be inserted at the end.

[Cf. section 162, Evidence Act.]

Order XIII, rule 2

Rule 2 of Order XIII of the First Schedule to the principal Act shall be re-numbered as sub-rule (1) thereof, and after sub-rule (1) as so re-numbered, the following sub-rule shall be inserted, namely:-

"(2) Nothing in sub-rule (1) applies, in relation to any party, to documents produced for cross-examination of the witnesses of the other party or handed to a witness merely to refresh his memory.".

Order XIII, rule 9

In rule 9 of Order XIII of the First Schedule to the principal Act, in sub-rule (1), for the first proviso, the following proviso shall be substituted, namely:-

"Provided that a document may be returned at any time earlier than that prescribed by this rule if the person applying therefor-

(a) delivers to the proper officer for being substituted for the original,

(i) in the case of a party to the suit, a certified copy, and

(ii) in the case of any other person, an ordinary copy which has been examined, compared and certified in the manner mentioned in rule 17 of Order VII, and

(b) undertakes to produce the original if required to do so.".

Order XIV, rule 1

In rule 1 of Order XIV of the First Schedule to the principal Act in sub-rule (5), for the words "after such examination of the parties as may appear necessary", the words and figures "after examination under rule 2 of Order X and after hearing the parties or their pleaders" shall be substituted.

Order XVI, rule 1

For rule 1 of Order XVI of the First Schedule to the principal Act, the following rule shall be substituted, namely:-



Code of Civil Procedure, 1908 Back




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