NMRod 05 January 2020

Taking witness evidence in between defendants evidence

Defendant CxEx is going on and the witness who is working abroad is in town and will come after two years next. Tried to pass memo and application for his evidence now inbetween u/o 18R(1 6). The PO seems to support my opp party to avoid this and the PO did not receive the memo/application and did not record any thing in order sheet. Can I submit my applicatiom/memo through registered post to put in file for record? What are the CPC provisions or other rules to file pleadings by post in this situation or other emergencies in Karnataka?

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TGK REDDI 05 January 2020

Postal communication to courts of law is, unlike to consumer forum and under RTI Act, normally not allowed.

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Dr J C Vashista (Advocate) 07 January 2020

Vague information can not lead to form an opinion and oblige.

What is your concern / locus standi ?

If you are a party to suit consult your lawyer who is well acquinted with facts of the case, an able, competent and intelligent enough to advise and proceed.

Otherwise it is advisable to contact and consult another local prudent lawyer for proper appreciation of facts, professional advise and proceeding, without waiting for obligation of experts on this platform. .

P. Venu (Advocate) 07 January 2020

Yes, the facts stated lacks clarity.

T. Kalaiselvan, Advocate (Advocate) 16 January 2020

Order 18 Rule 16 of the C.P.C enables the Court to take the evidence of any witness, if the said witness was about to leave the jurisdiction of the Court.

Order 18, Rule 16 of the Code is unambiguous and clearly provides that on fulfillment of any of the two conditions, jurisdiction under the said provision can be exercised, the first being where the witness sought to be examined is about to leave the jurisdiction of the Court and the second is where sufficient cause is shown to the satisfaction of the Court with regard to his or her immediate examination.

Fulfillment of the conditions will be on the basis of the court convinced with reasons

Orrisa high court citation referred below can be cited as an authority before the court to get the petition allowed.

Bishnupriya Devi vs Date Of Judgment: 21.8.2013 on 21 August, 2013

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