In today’s article I am going to tell you all that “What is the procedure for the evidence of witnesses in a civil suit?”
The origin of civil suit/litigation arises from a mutual dispute arising between two persons regarding immovable property. There can be many reasons for disputes regarding immovable property such as:-
- claim of right to immovable property,
- Regarding the division of immovable property,
- Regarding cancellation of the bond,
- for other reasons.
A suit is filed in respect of the disputed property, the plaintiff filing the suit and the person against whom it is filed, the defendant. On the filing of the suit, the defendant is issued a summons to appear in the court to present a counter-claim for defense in his favor. In this summon, the details regarding the suit filed in the court are written and the date of appearance of the court is written.
The litigation process continues, in which there are several stages. One of them includes the process of testimony of witnesses. If witnesses are to testify on behalf of the plaintiff or defendant, they shall testify.
Now comes the question, What is the testimony process? We will know this question in detail.
In a civil suit / suit, the evidence of witnesses i.e. how is the testimony of witnesses and what is its process?
1. List of Witnesses / List of Witnesses.
2. Production of witnesses’ evidence on affidavit.
Get to know them in more detail.
1. List of Witnesses.
1. In a civil suit, where the evidence of witnesses is to be produced in respect of the disputed subject matter, ie, the testimony of witnesses is to be produced, before the production of the evidence, the provisions of the Code of Civil Procedure Order 16 Rule 1 The list of witnesses shall be presented before the court within 15 days from the date of disposal of the issues under the The list of witnesses i.e. the list of names of witnesses shall be presented before the Court on such date as may be fixed by the Court.
list of witnesses What will be given in writing will be something like this:-
- The first witness to the suit shall be the person in whose name the suit is filed and against.
- the names of each of the other Witnesses,
- the age of each of the Witnesses,
- The residence address of each of the Witnesses.
2. If any party desires that a summons should be issued on behalf of the court for the attendance of any person, then that party shall file a written application in this regard before the court.
But on production of such an application list witness 5 days shall be presented before the Court within
2. Production of evidence of witnesses by affidavit.
Order 18 Rule 4 of the Code of Civil Procedure, 1908, provides for procedure in relation to the evidence of witnesses. Where the main examination of the witnesses of the parties in respect of the disputed subject matter of the suit is to be held before the court, the evidence shall be given in writing on affidavit. A photocopy of the evidence written on the affidavit of the party by whom the witness is called shall be given to the counsel for the opposition.
But where documents have been produced before the court and the parties rely on those documents, the proof and admissibility of the documents presented in the court along with the affidavit shall be subject to the orders of the courts.
- The evidence of each of the witnesses will be filed in the court through affidavit in their name.
- Every evidence affidavit will be attested by the Commissioner of Eyes.
- The original copy of each evidence affidavit shall be produced before the Court.
- A photocopy of the original copy of each evidence affidavit shall be given to the counsel for the opposition.
- On the basis of these written evidences, the counsel for the opposition takes the examination of the present witnesses, that is, cross-examination takes place.