Power to examine witness immediately
Hearing of the suit and examination of witnesses, in the First Schedule to The Code of Civil Procedure, 1908
1 16. Power to examine witness immediately--(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.
1. The provisions of rules 11, 13, 14, 15, ruled so far as they relate to the manner of taking evidence, are not applicable to the Chief Court of Oudh, see the Oudh Courts Act, 1925 (u. P. Act 4 of 1925), s. 16 (2).
How this Rule is cited
It is written both ways, and both mean this Rule: Order XVIII Rule 16 CPC and Order 18 Rule 16 CPC. Pleadings usually take the arabic form, judgments usually the numeral.
Orders of the courts under it: Order 18 Rule 16 CPC, Order XVIII Rule 16 CPC. Each opens the full-text search over every order eCourtsIndia holds.
This Order may be one Rule short. India Code publishes the Rules of the First Schedule without recording which Order each one belongs to. We recover that from the Government's own consolidated text of the Code, and for this Order one Rule did not settle beyond doubt. Rather than print it under an Order it might not belong to, it is left out and this note put in its place. Everything shown here is where the Code puts it.
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. This page is not a substitute for legal advice.