The plaintiff has the right to begin unless the defendant admits the facts alleged by the plaintiff and contends that either in point of law or on some additional facts alleged by the defendant the plaintiff is not entitled to any part of the relief which he seeks, in which case the defendant has the right to begin.
(1) On the day fixed for the hearing of the suit or on any other day to which the hearing is adjourned, the party having the right to begin shall state his case and produce his evidence in support of the issues which he is bound to prove.
(2) The other party shall then state his cause and produce his evidence (if any) and may then address the Court generally on the whole case.
(3) The party beginning may then reply generally on the whole case.
Where there are several issues, the burden of proving some of which lies on the other party, the party beginning may, at his option, either produce his evidence on those issues or reserve it by way of answer to the evidence produced by the other party; and, in the latter case, the party beginning may produce evidence on those issues after the other party has produced all his evidence, and the other party may then reply specially on the evidence so produced by the party beginning; but the party beginning will then be entitled to reply generally on the whole case.
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.
Notwithstanding anything contained in this Code or the Evidence Act, 1872 (Act No. 1 of 1872), the facts stated in the plaint or written statement shall not be required to be orally stated or denied by the plaintiff or the defendant, as the case may be, and in everycase, the examination-in-chief of the plaintiff or the defendant, as the case may be, shall be on affidavit and he may then be cross-examined and, if necessary, re-examined:
Provided that a copy of such affidavit shall be supplied to the other party before being furnished to the Court:
Provided further that where documents are filed along with the affidavit and the parties rely upon such documents, the proof and admissibility of those documents shall be subject to the orders of the Court.]
In cases in which an appeal is allowed the evidence of each witness shall be taken down in writing, in the language of the Court, by or in the presence and under the personal direction and superintendence of the Judge, not ordinarily in the form of question and answer, but in that of a narrative, and, when completed, shall be read over in the presence of the Judge and of the witness, and the Judge shall, if necessary, correct the same, and shall sign it.
Where the evidence is taken down in a language different from that in which it is given, and the witness does not understand the language in which it is taken down, the evidence as taken down in writing shall be interpreted to him in the language in which it is given.
Evidence taken down under section 138 shall be in the form prescribed by rule 5 and shall be read over and signed and, as occasion may require, interpreted and corrected as if it were evidence taken down under that rule.
Where the evidence is not taken down in writing by the Judge, he shall be bound, as the examination of each witness proceeds, to make a memorandum of the substance of what each witness deposes, and such memorandum shall be written and signed by the Judge and shall form part of the record.
Where English is not the language of the Court, but all the parties to the suit who appear in person, and the pleaders of such as appear by pleaders, do not object to have such evidence as is given in English taken down in English, the Judge may so take it down
The Court may, of its own motion or on the application of any party or his pleader, take down any particular question and answer, or any objection to any question, if there appears to be any special reason for so doing.
Where any question put to a witness is objected to by a party or his pleader, and the Court allows the same to be put, the judge shall take down the question, the answer, the objection and the name of the person making it, together with the decision of the Court thereon.
The Court may record such remarks as it thinks material respecting the demeanour of any witness while under examination.
In cases in which an appeal is not allowed, it shall not be necessary to take down the evidence of the witnesses in writing at length; but the Judge, as the examination of each witness proceeds, shall make a memorandum of the substance of what he disposes, and such memorandum shall be written and signed by the Judge and shall form part of the record.
(1) Where the Judge is unable to make a memorandum as required by this Order, he shall cause the reason of such inability to be recorded, and shall cause the memorandum to be made in writing from his dictation in open Court.
(1) Where a Judge is prevented by death, transfer or other cause from concluding the trial of a suit, his successor may deal with any evidence or memorandum taken down or made under the foregoing rules as if such evidence or memorandum had been taken down or made by him or under his direction under the said rules and may proceed with the suit from the stage at which his predecessor left it.
(2) The provisions of sub-rule (1) shall, so far as they are applicable, be deemed to apply to evidence taken in a suit transferred under section 24.
(1) Where a witness is about to leave the jurisdiction of the Court, or other sufficient cause is shown to the satisfaction of the Court why his evidence should be taken immediately, the Court may, upon the application of any party or of the witness, at any time after the institution of the suit, take the evidence of such witness in manner hereinbefore provided.
(2) Where such evidence is not taken forthwith and in the presence of the parties, such notice as the Court thinks sufficient, of the day fixed for the examination, shall be given to the parties.
(3) The evidence so taken shall be read over to the witness, and, if he admits it to be correct, shall be signed by him, and the Judge shall, if necessary, correct the same, and shall sign it, and it may then be read at any hearing of the suit.
The Court may at any stage of a suit recall any witness who
and examine witness
has been examined and may (subject to the law of evidence for the time being in force) put such questions to him as the Court thinks fit.
The Court may at any stage of a suit inspect any property or thing concerning which any question may arise.
(1) The Court shall complete the hearing of a suit within one hundred and twenty days from the date fixed for its final hearing.
(2) In this rule, in determining the time, only the working days shall be counted.]
Court shall not fix, more than 3[ten] suits, including 4[four] part-heard suits, in the daily cause list for peremptory hearing, and more than 5[two hundred] suits in the peremptory stage; and when upon disposal, the total number of suits in the peremptory stage comes down to less than 6[one hundred forty], the Court shall then bring in more suits in the peremptory stage, generally in the order of dates of institution of suits:
Provided that if in any Court, the number of suits made ready for hearing is not sufficient for fixation in the manner as aforesaid, it shall be in the discretion of the Court to make the fixation in a reasonable manner.
Explanation.-In this rule the word "peremptory" shall have the meaning with reference to the word used in Civil Rules and Orders.]