week 12 examination of witnesses

EXAMINATION OF WITNESSES
Examination of witnesses under CPC
Examination of witnesses is there in order XVIII of rule 4 to 16 in the Code of Civil Procedure. 
Order XVIII Rule 4
Rule 4 of Order XVIII said that party who called the witness for the examination of witnesses in every case shall be on affidavit and copies of the affidavit shall be supplied to the opposite party.
The examination of witnesses whether it is an examination in chief and cross-examination or re-examination by affidavit has been furnished to the court shall be taken either by the Commissioner or by the Court.
The Court or the Commissioner shall record the statement of witnesses during the examination of witnesses either in writing or mechanically in the presence of the judge if there is Commissioner in a case then he shall return such evidence together with his report in writing signed by him.
The Commissioner may record such remarks which are very important when objection raised during the recording of evidence. Which are decided by the Court at the stage of arguments.
The report which is made by the Commissioner must be submitted to the Court within sixty days.
The High Court and the District Court Judge has the power of preparing a panel of Commissioners to record the evidence under this rule. 
Order XVIII Rule 5 
How to take the evidence in appealable cases:
(a) brought down in the language of the Court;
(i) recorded as a hard copy by, or in the nearness and under the individual bearing and superintendence of, the Judge; or
(ii) from the dictation of the Judge directly on a typewriter; or
(b) if the Judge, for reasons to be recorded, so coordinates, recorded precisely in the language of the Court within the sight of the Judge.
Order XVIII Rule 6
Where the evidence is brought down in a language not the same as that in which it is given, and the witness does not understand the language wherein it is brought down, the proof as brought down recorded as a hard copy will be converted to him in the language in which it is given.
Order XVIII Rule 7
Evidence brought down under Section 138 of Indian Evidence Act and the evidence shall be in the form which is prescribed in Rule 5 of Order XVIII, after the read and signed as the event may require, interpreted and repaired as though it wore proof brought down under that rule.
Order XVIII Rule 8
When evidence not brought by the judge in writing for his command in the open Court or recorded automatically in his presence now he shall be bound for the examination of witnesses to make an update of the substance of what each observer expel, and such remainder shall be written and signed by the Judge and will shape some portion of the record.
Order XVIII Rule 9 
Where English isn’t the language of the Court, yet every one of the gatherings to the suit who show up face to face, if an advocate and the group of people does not know the english language then evidence not produced in the Court in English language. 
(2) Where proof isn’t given in English however every one of the gatherings who show up face to face, and the pleaders of such of the gatherings as show up by pleaders, don’t item to having such proof being brought down in English, the Judge may takedown, or cause to be brought down, such proof in English.
Order XVIII Rule 10
The Court may of it if any party file an application regarding a particular question and answer or any objection to any question brought down in the Court if there appears to be any special reason for so doing then Court will accept that application.
Order XVIII Rule 11
If there is question objected by the adverse party and pleader during the examination of witnesses then judge of the Court allows the same to be put and shall be brought down the question, the answer, the objection and the name of the person making it, with the decision of the Court.
Order XVIII Rule 12
The Court may record such comments as it might suspect material respecting the behaviour of any witness while under examination.
Order XVIII Rule 13
Cases in which appeal is not allowed then there is no need to bring down and maintain a record of evidence of witnesses at length, but the judge of the Court records all the examination of witnesses proceeds in a writing and prescribe to the typewriter, or cause to be automatically recorded for the remainder of the case with the sign of the judge.
Order XVIII Rule 14
Judges can not make such reminder to record reasons for his lack of ability.
Order XVIII Rule 15
(1)Where a Judge is prevented by death, move or other reason from closing the preliminary of a suit, his successor may manage any proof or reminder brought down or made under the prior standards as though such proof or notice had been brought down or made by him or under his course under the said principles and may continue with the suit from the phase at which his predecessor left it. 
(2) The arrangements of sub-rule (1) will, so far as they are material, be esteemed to apply to proof taken in a suit moved under Section 24.
Order XVIII Rule 16
Rule 16 of Order XVIII provide the power to examine witness immediately
 If the witness leaves the jurisdiction of the court or any other reason which are sufficient satisfaction why his evidence should be brought immediately then Court send the application to the party or of the witness at any time after the filing of the suit. Brought the evidence of such witness immediately.
If the Court thinks the reason which is given by the party or evidence is not sufficient then Court fixes the date for the examination of witnesses.
The evidence which is submitted to the Court read in front of a witness if there is any change in the evidence then corrected by the Court and signed by the witness and read at any hearing of the suit.
Order XVIII Rule 17
Court has power to recall the witness at any stage of the suit. And ask the question to him as the Court thinks fit.
Order of production and examination of witnesses
It is a lawyer’s privilege to check the order in which he examines the witnesses. According to the experience and skill witnesses are arranged. Prosecutor has the freedom to produce his witnesses in order which he likes. Section 135 of the Indian Evidence Act gives the power to the court to command or order in which the witnesses may be produced.