Mode of taking evidence
jagadish paranjape
(Querist) 10 May 2016
This query is : Resolved
The mode of taking evidence by way of the Affidavit was introduced in the civil procedure code. The main idea behind the amendment was to save the time of the court and help speedy disposal of cases. However in practice it is seen that in spite of this provision there is no speedy disposal of the cases.
Is it not possible to take entire evidence of the party by filing evidence Affidavits by all the witnesses. This will complete the examination in chief of the witnesses on a single day. They can be cross-examined on another day. Thus there would be considerable reduction in time taken by the litigation.
Similarly provision to cross examine the witnesses through commission is also introduced but no one seems to take advantage of the provision. If this is done the courts would be required to concentrate on judgement alone and not spend time in examining and cross-examining witnesses. This will also reduce the requirement of additional judges to match with the workload.
Rajendra K Goyal
(Expert) 10 May 2016
Sir, it is a good suggestion.
but nothing is possible till amendment is done in law legally.
