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Report No. 163

Order XVIII

Hearing of the Suit and Examination of Witnesses

2. Statement and production of evidence.-*

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(4) Notwithstanding anything contained in this rule, the Court may, for reasons to be recorded, direct or permit any party to examine any witness at any stage.

4. Witnesses to be examined in open Court.- The evidence of the witnesses in attendance shall be taken orally in open Court in the presence and under the personal direction and superintendence of the Judge, examined in open Court.

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17A. Production of evidence not previously known or which could not be produced despite due diligence.- Where a party satisfies the Court that, after the exercise of due diligence, any evidence was not within his knowledge or could not be produced by him at the time when that party was leading his evidence, the Court may permit that party to produce that evidence at a later stage on such terms as may appear to it to be just.

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The Code of Civil Procedure (Amendment) Bill, 1997 Back




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