Civil Procedure code (Affidavit).
pratik
(Querist) 11 May 2010
This query is : Resolved
2. Power to order attendance of deponent for cross-examination
(1) Upon any application evidence may be given by affidavit, but the Court may, at the instance of either party, order the attendance for cross-examination of the deponent.
(2) Such attendance shall be in Court, unless the deponent is exempted from personal appearance in Court or the Court otherwise directs.
1)What do u mean by deponent ?
2)When attendance of the deponent is exempted under what conditions any case laws. or notes.
141. Miscellaneous proceedings.
The procedure provided in this Code in regard to suit shall be followed, as far as it can be made applicable, in all proceedings in any Court of civil jurisdiction.
Pls Explain Learned Experts it is a kind request. I have gone through the act but not understood so pls clarify.
Thanking U All Experts In advance.
Raj Kumar Makkad
(Expert) 11 May 2010
1. A person who tenders his affidavit is deponent.
2. If the judge is satisfied forthe reasons mentioned in the application then the presence of the deponent is exempted.
This means the procedure as described in the code shall be applied for all the proceedings as far as possible.
O. Mahalakshmi
(Expert) 17 May 2010
The presence of the deponent is exempted and one adjournment may be granted for appearing cross examination.
