Code of Civil Procedure

Module – 02

JURISDICTION & PLACE OF SUING

The civil court shall have jurisdiction to try all the suits except the suit which is impliedly or
expressly barred. The jurisdiction of the court is decided by the plaintiff valuation but not the
amount for which decree is passed.
Section 15 to 20 deals with the place of suing
There are three kinds of jurisdiction to determine the place of suing:-
1. Territorial jurisdictions
2. Pecuniary jurisdictions
3. Subject matter jurisdiction
Whenever the suit is brought before the court the first question is to determine is whether the
court has a jurisdiction to deal with the matter. If the court has all these (territorial, pecuniary,
or subject matter jurisdiction) then only the court has the power to deal with the case. In the
case, if the court does not have any of the above-mentioned factors then it will be considered
as lack of jurisdiction or the irregular exercise of jurisdiction. when the court who does not
have jurisdiction decide the case and give decision then such decision will be considered as
void or voidable depending upon the different circumstances.

Pecuniary jurisdiction ( Section 15): Every suit shall be instituted in the court of lowest grade
competent to try it. The word competent denotes that the court must have the power to hear the
case with regards to pecuniary jurisdiction. The court of lowest grade who has a jurisdiction
with regards to pecuniary value shall deal with the case at first instance.
Territorial Jurisdiction (Section 16 to 20): It is divided into:-
i. Suits related to immovable property ( Section 16 to 18)
ii. Suits related to Movable property ( Section 19)
iii. Other suits( Section 20)
Section 16 states that the suit related to immovable property shall be instituted where such
immovable property is situated. It talks about the institution of the suit with respect to:-
i. Recovery of immovable property with or without profit or rent
ii. Partition of immovable property
iii. Foreclosure, sale or redemption in case of charge or mortgage upon immovable
property
iv. Compensation for a wrong caused to immovable property
v. Determination of any interest or rights related to immovable property
 vi. Recovery of movable property under attachment or distraint, for all the above-
mentioned purpose.
When the suit is filed for the relief or compensation for wrong caused to immovable property
held by a defendant or any other person on the behalf of a defendant where the relief can be
obtained through his personal attendance then suits may be instituted in a court within whose
local jurisdiction:-
i. the property is situated, or
ii. the defendant voluntarily and actually resides or carries on business or personally for
gains.
Section 17:-Cases in which the immovable property is situated within the local limits of the
jurisdiction of different courts. When the suit is filed for obtaining the compensation or relief
for the wrong caused to immovable property situated within the jurisdiction of two or more
courts, the suit may be filed in any court within whose local jurisdiction a portion of the
property is situated. But in respect for the value of subject matter of the suit, the entire claim is
cognizable by such court.
Section 18– A place of an institution when the jurisdiction of courts is uncertain. When there
is uncertainty with regards to the local limits of the jurisdiction of courts, and any of the courts
has satisfied that there is a ground for uncertainty, record the statement and may proceed with
the case to entertain and dispose of the case. The decree passed by such court will have the
same effect as if the property was situated within the local limits of its jurisdiction.
Section 19– Suits with regard to movable property. Where the suit is for the wrong caused to
the person or property. If the wrong was done within the local limits of the jurisdiction of one
court and the defendant voluntarily resides or carries on his business or works for personal gain
within the local limits of the jurisdiction of another court then the plaintiff has an option to file
at either court.

INSTITUTION OF SUIT
Section 26(1), CPC says that every suit shall be instituted by the presentation of a plaint or in
such other manner as may be prescribed. Sub-section (2) provides that in every plaint, facts
shall be proved by affidavit. The procedural framework relating to the institution of a suit is
give below:
i. Preparing the plaint
ii. Choosing the proper place of suing
iii. Presentation of the plaint
There are four essentials of a suit:
i. Opposing parties, i.e., parties to the suit;
ii. Subject-matter in dispute;
iii. Cause of action; and
iv. Relief

CAUSE OF ACTION (Order 2, Rule 3,6 & 7)

Cause of action may be defined as ‘a bundle of essential facts, which is necessary for the
plaintiff to prove before he can succeed.’ A cause of action is the foundation of a suit. It must
be antecedent to the institution of a suit and on the basis of it the suit must have been filed.
Every fact constituting the cause of action should be set out in clear terms. A cause of action
must include some act done by the defendant since in the absence of such an act no cause of
action can possibly accrue. If a plaint does not disclose a cause of action, the Court will reject
that plaint.

JOINDER (Order 1, Rule 1,2,3 & 3A)

All persons may be joined in one suit as plaintiffs or defendants as the case may be, where-
a. Any right to relief in respect of , or arising out of, the same act or transaction or series of acts
or transactions is alleged to exist in/ against such persons, whether jointly or severally or in the
alternative; and
b. If such persons brought separate suits, any common question of law or fact would arise
(Rules 1, 3).

MISJOINDER OR NON-JOINDER (Order 1, Rule 9 & 13)

As per Rule 9 no suit can be defeated by reason of the misjoinder and non-joinder of parties
unless such party is a necessary party. Rule 13 says that all objections regarding the misjoinder
and non-joinder of parties shall be taken at the earliest possible opportunity and, in all cases
where issues are settled, at or before such settlement.

SUMMONS
Summons are the instruments that are issued by the Court to a party to appear and answer the
alleged claim and are served in a manner prescribed on the given date of the proceeding.
Chapter V of the Civil Procedure Code, 1908 (“CPC”) deals with the processes to compel the
appearance of the defendants and witnesses in court.
OBJECTIVES: The main objective of the service of summons under CPC is to provide equal
justice to all the parties involved in a case. It is based on the principle of Audi alteram partem
i.e. hearing the contentions of both sides. The secondary objective to serve the summons under
CPC is to inform the defendant that a case has been issued against him or her.

ESSENTIAL ELEMENTS: As per Order V Rule 1, the following are the essential conditions
for a service of summons under CPC –
i. It should be in writing.
ii. It should be in duplicate form.
iii. It should be signed by the presiding officer of the court or such other officer authorized
by the High Court.
iv. It should mention the time and place of the rule directed.
v. It should bear the seal of the court.
vi. As per the order of the Gujarat High Court, the issuance of a summons is a condition
precedent to the making of an order. The mere making of an order for the issuance of
summons is quite different from the issuance of summons.

TYPES: Majorly, there are three types of summons that are issued under the law:
1. Civil Summons: These summons are issued in a civil case under CPC to the defendant
to appear in court. It is a way of informing the defendant that a case has been issued
against him or her in court. It is mainly served in the cases of breach of contract, damage
suit, injunction orders or loss of goods, etc.
2. Criminal Summons: A summon issued to a person to appear in the criminal court under
the Criminal Procedure Code is called a criminal summons. In the criminal summons,
the court will mention the charges and facts based on which the summon has been
issued.
3. Administrative Summons: These are sent by the administrative bodies whenever we
fail to abide by the law. Tax authority or labor court summons is the main administrative
summons issued by the law.

PLEADINGS
Code of Civil Procedure (CPC) in order 6, Rule 1 defines pleadings as a written statement or a
plaint. The plaintiff’s written statement and the defendant’s additional written statement are
termed supplemental pleadings.
Pleadings form the foundation for any case in the court of law. It is a statement in writing filed
by the counsel of plaintiff stating his contentions on the case, based on which the defendant
shall file the written statement defending himself and explaining why the plaintiff’s contentions
should not prevail.
OBJECTIVE: Here are four objectives of pleading:
i. Pleadings ascertain the actual issues between the parties.
ii. Pleadings state the issues to avoid surprise to the other party.
iii. Pleadings narrow down the area of conflict.
iv. Pleadings state the facts which need to be proved at the trial.

GENERAL RULES: Basic rules of pleadings are given in Order 6 Rule 2 of the Civil Procedure
Code, 1908. They are as follows:
1. Pleading should state the facts: The first rule of pleading states that the pleading should state
the facts and only facts and not the law. Question of fact must be pleaded, i.e. the existence of
any custom or usage, intention, waiver or negligence must be pleaded.
2. The fact should be material facts: The second rule of pleading is that the facts stated should
be material facts only and not the particulars. Material facts are the basic facts.
3. Pleading should not state the evidence: The third rule of pleading is that the pleading should
not state the evidence with which the material facts are to be proved. Facts are of two types:
(i) Facta probanda: the facts which need to be proved.
(ii) Facta probantia: the fact through which material facts are proved.
Facta probanda should be pleaded in the pleadings and not the facta probantia.
4. The facts stated in the pleading should be in a concise form: The last fundamental rule of
pleading is that the pleading should be in a concise form. Unnecessary and irrelevant details
should not be added to the pleading. Instead, pleading should be precise, clear and specific.

AMMENDMENT IN PLEADINGS: The 2002 amendment inserted the phrase ‘at any stage.’
It means ‘prior to trial’. The party who desires to make an amendment to its pleading must raise
the matter before the trial commences. After trial, the court shall not allow the party to amend
unless the party qualifies the condition of due diligence laid down in proviso.

What Amendments are Necessary?

All amendments are necessary, which determines the real questions in controversy between the
parties. A court before allowing amendment must consider the following points:
1. The court must examine the issue of whether it is in the interest of justice or not.
2. Before allowing the amendment, a court must be satisfied with the fact that amendment is
necessary for determining the real questions in controversy.
3. If the matter raised for amendment prevents multiplicity of suits, the court may allow it.
4. The court must be satisfied that the party seeking amendment has exercised due diligence,
and the applicant is not mala fide (bad intention).
When Court Shall Not Allow Amendment of Pleading?
It is the discretionary power of the court to allow for amendment. All the rules of procedure
are the handmaids of justice. Every action of the court is to achieve the ends of justice.
1. If allowing the amendment causes injustice to the other party, then it shall not be permitted.
or,
2. If the amendment proposed in pleading entirely changes the nature of a suit, it shall not be
allowed. or,
3. If the application for amendment in pleading is made mala fide, it shall not be allowed.
The amendments made under Order VI, Rule 17, are voluntary amendments for ratifying one’s
own error or default.

PLAINT & WRITTEN STATEMENT

A plaint is a legal document which contains the written statement of the plaintiff's claim. A
plaint is the first step towards the initiation of a suit. In fact, in the very plaint, the contents of
the civil suit are laid out.
Through such a plaint, the grievances of the plaintiff are spelled out, as well as the possible
causes of action that can arise out of the suit. A plaint which is presented to a civil court of
appropriate jurisdiction contains everything, including facts to relief that the plaintiff expects
to obtain.
Although it hasn't been defined in the CPC, it is a comprehensive document, a pleading of the
plaintiff, which outlines the essentials of a suit, and sets the legal wheels up and running.
Order VII of the CPC particularly deals with a plaint. A few of the essentials of a plaint implicit
in itself are those only material facts, and not all facts or the law as such is to be stated, the
facts should be concise and precise, and no evidence should be mentioned.

PARTICULARS:
i. The name of the particular court where the suit is initiated.
ii. Name, place, and description of the plaintiff's residence
iii. Name, place, and description of the defendant's residence.
iv. A statement of unsoundness of mind or minority in case the plaintiff or the defendant
belongs to either of the categories.
v. The facts that led to the cause of action and when it arose.
vi. The facts that point out to the jurisdiction of the court.
vii. The plaintiff's claim for relief.
viii. The amount allowed or relinquished by the plaintiff if so
ix. A statement containing the value of the subject matter of the suit as admitted by the
case.
 x. Order VII, Rule 2 states that the plaintiff shall state the exact amount of money to be
obtained from the defendant if the case is so. On the other hand, if the exact amount
cannot be arrived at, as is then case with mesne profits, or claim for property from the
defendant, an approximate figure must be mentioned by the plaintiff
xi. Order VII, Rule 3 states that when immovable property is the subject matter of the
plaint, the property must be duly described, that is sufficient in the ordinary course to
identify it.
xii. Order VII, Rule 3 states that when the plaintiff has initiated the suit in a representative
capacity, it has to be shown that he/ she has sufficient interest in doing the same as well
as has taken the required steps to ensure the same.
xiii. The plaint should adequately show the involvement of the defendant, including his/ her
interests in the same and thereby justifying the need to bring him/ her forward.
xiv. If the plaintiff files the suit after the expiration of the period of limitation, he/ she must
show the reason for which such an exemption from law is being claimed.

SET-OFF AND COUNTER CLAIM

Set-Off: Where in a suit by the plaintiff for recovery of money and the defendant finds that he
also has a claim of some amount against the plaintiff what he do is he can claim a set-off in
respect of the said amount. This right of the defendant to claim set off has been recognized
under Order 8, Rule 6 of the Code.
Essential Conditions:
i. A defendant may claim a set-off, if:
ii. The suit is for the Recovery of money;
iii. The sum of money must be ascertained;
iv. Such sum must be legally recoverable;
v. It must be recoverable by the defendant or by all the defendants, if not more than one;
vi. It must be recoverable by the defendant from the plaintiff(s);
vii. It must not exceed the pecuniary jurisdiction of the court in which the suit is brought;
viii. Both the parties must fill in the defendant's claim to set-off, the same character as they
fill in the plaintiff's
Effects: When a defendant claims set-off, he is put in the position of the plaintiff as regards the
amount claimed by him. Where the plaintiff doesn't appear and his suit is dismissed or he
withdraws, it does not affect the claim for a set-off by the defendant and a decree may be passed
in his favor if he is able to prove his claim.

Counter Claim: Rule 6A to 6G of Order 8 deals with counter-claim. It is claim made by the
defendant in a suit against the plaintiff. It is a claim independent of and separable from
plaintiff's claim which can be enforced by a cross section. Counter-claim can be set up in
respect of action accruing to the defendant either before or after the filing of the suit but before
the defendant has delivered his defense or before the time fixed for delivery of his defense has
expired.
DISCOVERY, INSPECTION & PRODUCTION OF DOCUMENTS
DISCOVERY
Under Civil Procedure Code, 1908 discovery basically means a pre-trial procedural aspect
wherein each party is given an opportunity to obtain evidence from the opposite party or parties.
In other words, we can say that it is a formal process wherein the parties get a chance to
exchange information regarding the witnesses and evidence which will be presented before the
court during the trial. The main purpose of discovery is to make the parties aware of the case,
that means there shall not be any ambiguity between parties while the trial is going on. Both
the parties shall be clear about the plaint made and issues thereby.
There are various types of discovery:-
1) interrogatories;
2) requests for production of documents and inspection;
3) requests for admissions;
4) depositions;
5) subpoenas duces tecum;
6) physical and mental examinations.

INSPECTION
Under Order XI Rule 12-21 of the CPC, the rule for the inspection of discovery is provided.
As per Rule 12 of the code the party can compel other parties to produce the documents without
filing an affidavit to apply to the court, relating to any matter of question-related to the suit.
However, such documents need not be admissible in court unless they give out some
connection in a matter of controversy.
As per the Rule 15-19 of Order XI of the code, the inspection of documents can be divided into
two categories:
i. The documents which are referred to in the affidavits or pleadings of the parties.
ii. The documents which are not referred to in the pleadings of the party but are in the
power or possession of the parties.
And the parties are allowed to get the inspection of the former category documents, not the
latter one.

PRODUCTION
As per Rule 1 of Order XIII, the parties or their pleaders shall produce the documents at or
before the settlement of disputes.
APPEARANCE OF PARTIES
As stated under Rule 1 of Order IX of the Code of Civil Procedure, the parties to the suit are
required to attend the court either in person or by their pleaders on the day which has been
fixed in the summons. If the plaintiff or a defendant, when ordered to appear in person, do not
appear before the court and neither show the sufficient cause for his non-appearance, the court
is empowered under Rule 12 of Order IX as follows.
i. If the plaintiff does not appear, dismiss the suit.
ii. If the defendant does not appear, pass an ex-parte order.

NON-APPEARANCE OF PARTIES
When neither the plaintiff nor the defendant appears before the court when the suit is called for
hearing, then the court is empowered to dismiss the suit under Rule 3 of Order IX. The
dismissal of the suit under this rule does not put a bar on filing a fresh suit on the same cause
of action as per Rule 4.
The plaintiff can also apply for setting aside the dismissal if he is able to satisfy the court that
there was sufficient behind his non-appearance. If the court is satisfied with the cause of non-
appearance then it may set aside the order of dismissal and schedule a day for the hearing of
the suit.

EX-PARTE PROCEEDINGS
When the defendant is absent on the day of the hearing as fixed in the summon an ex-parte
decree can be passed. The ex-parte order is passed when the plaintiff appears before the court
on the day of the hearing but the defendant does not even after the summon has been duly
served. The court can hear the suit ex-parte and give ex-parte decree against the defendant.
Remedies against an ex-parte decree: When an ex-parte decree has been passed against a
defendant, the following remedies are available to him.
i. He can apply to the court under rule 13 of Order IX for setting aside the ex-parte decree
passed by the court.
ii. He can appeal against that decree under section 96(2) of the Code or, prefer revision
under section 115 of the code when no appeal lies.
iii. He can apply for a review under Order 47 Rule 1.
iv. A suit on the ground of fraud can be filed.
Setting aside an ex-parte decree: For setting aside an ex-parte decree an application may be
made by the defendant. An application to set aside decree can be made to the court passing that
decree. There are certain rules to be followed for setting aside an ex-parte decree and if the
defendant satisfies the court with sufficient reason, then only the ex-parte decree which has
been passed can be set aside. The limitation period for making an application for setting aside
an ex-parte decree is of 30 days.
The grounds on which an ex-parte decree can be set aside are:
i. When the summons has not been duly served.
ii. Due to any “sufficient cause”, he could not appear on the day of the hearing.

FIRST HEARING
The very first stage in the suit is the first hearing. It states about the issues and originates by
complaining, filing plaint in order to understand the court their controversies. Order 10 is the
part of the first hearing, the method of the court is set in motion by the representation of the
court. Basically, after a suit is established with the plaint and a written statement is given by
the defendant there arrives a stage called first hearing. The first hearing comes by order 14 of
the Code of civil procedure,1908. While Order 10 of the Code orders the court to examine
parties with a view to determining matters in controversy in the suit.

OBJECTIVE: Below are some important objectives and changes made in the act of code :
1. With regards to Costs – Section 35 of the Code deals with the verification of pleadings
which are ordered by the Act that now provides charges for verification of pleadings
before it can be relied upon as evidence, something which was not in place previously.
All pleadings have to be verified by evincing affidavits which have to be signed by the
party, or one of the parties to the proceedings or any person who is acquainted with the
facts of the case and authorized by such parties. The same is applied while amending
of pleadings.
2. The court in a suit commands the quantum of costs and it confers discretionary powers
on the Court. The Act instead provides judgment debtor for a general rule concerning
payment of costs. The Courts are entitled to the general rule provided they lay down
the reasons for the same in writing.
3. System for disclosure, discovery and inspection of documents: The Code laid down that
the inspection of facts of the suits is to be done through interrogatories and discovery
of applications. This act has also added extra criteria for disclosure of the facts relevant
to the case. Now, under the Act, the parties are mandatorily required to file a list of all
the documents along with their photocopies at the initial stage of filing the plaint.
Moreover, the parties are restricted from depending on any documents which have not
been given in the list along with their photocopies without the exemption of the Court.
The Courts have been awarded discretionary power to grant exemplary costs against a
party who unreasonably, wrongfully, willfully or even negligently failed to reveal all
documents concerning the suit in their possession.
4. Written arguments – The Act has been made mandatory and introduced a new provision
to Order XVIII to the Code, that parties submit brief and to the point written arguments
under clear and distinct headings, within four weeks from the commencement of oral
arguments. It also permits for the filing of amended written arguments within one week
of the conclusion of arguments. Such a provision was not there previously.
5. The term period within which judgment has to be made– The Code stipulates that the
conclusion of hearings judgments have to be pronounced within sixty days. This Act
extends it to ninety days from the date of conclusion of arguments.
 6. Case management hearing – This is an international practise which has been introduced
for the first time in India by the Act. It allows the Court to make a timeline, and fix
dates for the proceedings of the matter, which helps fulfil the purpose of fast disposal
of cases. Under this new practice, no adjournments will be awarded for the single
purpose of the absence of the council, which has long been used as a delaying tactic.
The Court is given authority to punish parties if there are non-compliances with its
orders. They can impose costs, forfeit parties' right to conduct suit and in extreme cases
dismiss the plaint.
7. Disposal of the suit at first hearing – The Act which allowed for disposing of a suit in
the first hearing and omits Order XV of the Code. This adds to the process of fair
hearing and natural justice.

FRAMING OF ISSUES: Basically, the framing of issues comes under order XIV. The order
requires some conditions and material which is inclusive mainly of three things. Firstly, the
allegations made on oath by any person present on their behalf by the parties, or statements
made by the pleaders appearing for the parties. Secondly, the allegations made in arguments to
interrogatories or in answers and thirdly, if documents are provided by the parties.

DISPOSAL OF SUIT: Order XV lays down the court, in order to dispose of the judgement in
the following case :
i. In any fact or law when the parties are not at any issues on any quarries
ii. Where one of the defendants is not at issues to the plaintiff, the court may dispose or
pronounce the judgement against such defendant.
iii. Where either party fails to bring valid evidence without a valid reason.

TRIAL
SUMMONING & ATTENDANCE OF WITNESSES
Order XVI, Rules 1, 1-A, and 6
The major arrangement under Order XVI, Rules 1 and 1-A, C.P.C. is that after the Court traces
issues and informs the get-together enabling them to make sense of what verification, oral and
account, they should lead, a social affair can act either according to Rule 1 or Rule 2. Where
the social event needs the assistance of the Court to verify closeness of an onlooker on being
brought through the Court, it is obligatory on the get together to archive the overview with the
pith of evidence of the eyewitness in Court as facilitated by sub-rule (1) of Rule 1 and make an
application as given by sub-rule (2) of Rule 1.
Be that as it may, where the social event would be in a circumstance to convey its onlookers
without the assistance of the Court. It can do all things considered under Rule 1-An of Order
XVI free of the truth whether the name of such spectator is referenced in the once-over or not.
The Court has no ward to diminish to take a gander at such eyewitnesses.
Sub-rule (3) of Rule 1 and Rule 1-A work in two unmistakable regions and consider two one
of a kind conditions, and there is no internal conflict between the two. Sub-rule (3) of Rule 1
presents a logically expansive ward on the Court to oblige a condition where the get-together
has neglected to name the observer in the quick overview yet then the social gathering can’t
pass on the individual being alluded to with no other individual under Rule 1-An and in such a
situation the get-together of need to search for the assistance of the Court under sub-rule (3) to
procure the closeness of the onlooker.
An individual may moreover be assembled to convey a record without being brought to give
confirmation and that individual will be respected to have consented to the sales on the off
chance that he makes such document be made as opposed to going to in a little while to make
the indistinguishable. (Solicitation XVI, Rule 6).

SUMMONS TO PRODUCE DOCUMENTS (Order XVI, Rule 6)

Any person may be summoned to produce a document, without being summoned to give
evidence; and any person summoned merely to produce a document shall be deemed to have
complied with the summons if he causes such document to be produced instead of attending
personally to produce the same.

ADJOURNMENT (Order XVII, Rule 1)

A putting off or deferring of procedures; a closure or rejection of further business by a Court,
the governing body, or open authority—either briefly or for all time.
With respect to Order XVII Rule 1 it has become obligatory for the court to record the reasons
for adjournments of the hearing and restricts at the number of adjournments to three only during
the hearing the suit. A civil suit should be decided at the earliest and in any case within one
year from the date of its institution. But the suit will continue more than 3 years even after so
many precedents this rule is not following by judiciary.
Adjournment is entirely discretionary, but the discretion must be exercised in a judicial and
reasonable manner not arbitrarily or with capriciousness manner No hard and fast test can be
laid down as to how this discretion should be exercised on each occasion. It would vary
according to the facts and circumstances of each case.
HEARING OF SUIT
The offended party has the privilege to start except if the litigant concedes the realities affirmed
by the offended party and fights that either in purpose of law or on some extra certainties
asserted by the respondent the offended party isn’t qualified for any piece of the help which he
looks for, in which case the litigant has the option to start.

The trial in Open Court

Section 153B of the CPC talks about the “place of a trial should be deemed to be in an open
Court”. The spot wherein any Civil Court is held, to endeavour any suit will be regarded to be
an open Court, to which individuals as a rule generally may approach so far as the identical can
accommodatingly contain them: Given that the directing judge may, on the off chance that he
thinks fit, request at any phase of any investigation into or preliminary of a specific case, that
the open by and large or a specific individual, will not approach, or be or stay in, the room or
building utilized by Court.

Trial in Camera
Place of preliminary to be regarded as an open Court– The spot where any respectful Court is
held to attempt any suit will be considered to be an open Court, to which people in general by
and large may approach so far as the equivalent can advantageously contain them: Given that
the presiding Judge may, in the event that he thinks fit, request at any phase of any investigation
into or preliminary of a specific case, that the open by and large, or a specific individual, will
not approach, or be or stay in, the room or building utilized by the Court.

Recording of Evidence
(1) For every circumstance, the appraisal in-leader of an eyewitness will be on sworn
articulation and copies thereof will be given unexpectedly party by the social occasion who
calls him for confirmation: Provided that where reports are recorded and the get-togethers rely
on the chronicles, the check and adequacy of such records which are archived nearby attestation
will be reliant upon the arrangements of the Court.
(2) The confirmation (addressing and reconsideration) of the onlooker in investment, whose
evidence (appraisal in-chief) by declaration has been furnished to the Court, will be taken either
by the Court or by the Commissioner assigned by it: Provided that the Court may, while
appointing a commission under this sub-rule, considering such proper factors as it would
hypothesize fit.
(3) The Court or the Commissioner, overall, will record verification either recorded as a printed
copy or correctly inside seeing the Judge or of the Commissioner, all around, and where such
confirmation is recorded by the Commissioner he will return such evidence together with his
report recorded as a printed copy set apart by him to the Court designating him and the
confirmation taken under it will outline some part of the record of the suit.
(4) The Commissioner may record such remarks as it would associate material in regards to
the air with any eyewitness while under appraisal: Provided that any dissent raised during the
record of confirmation before the Commissioner will be recorded by him and picked by the
Court at the period of conflicts.
(5) The report of the Commissioner will be submitted to the Court naming the commission
within sixty days from the date of issue of the commission except for if the Court for
motivations to be recorded as a printed duplicate develops the time.
(6) The High Court or the District Judge, overall, will set up a leading group of Commissioners
to record the confirmation under this standard.
(7) The Court may by general or exceptional solicitation fix the total to be paid as remuneration
for the organizations of the Commissioner.
(8) The courses of action of Rules 16, 16A, 17 and 18 of Order XXVI, to the degree, that they
are appropriate, will apply to the issue, execution and return of such commission under this
standard.”