Indian Laws in English

The Code Of Civil Procedure 1908
Order XVIII :
Rule 2 :
Statement and production of evidence :
(1) On the day fixed for the hearing of the suit or on any other day to which the hearing is adjourned, the party having the right to begin shall state his case and produce his evidence in support of the issues which he is bound to prove.
(2) The other party shall then state his case and produce his evidence (if any) and may then address the Court generally on the whole case.
(3) The party beginning may then reply generally on the whole case.
1.[(3A) Any party may address oral arguments in a case, and shall, before he concludes the oral arguments, if any, submit if the Court so permits concisely and under distinct headings written arguments in support of his case to the Court and such written arguments shall form part of the record.
(3B) A copy of such written arguments shall be simultaneously furnished to the opposite party.
(3C) No adjournment shall be granted for the purpose of filing the written arguments unless the Court, for reasons to be recorded in writing, considers it necessary to grant such adjournment.
(3D) The Court shall fix such time-limits for the oral arguments by either of the parties in a case, as it thinks fit.]
*[(3A) A party shall, within four weeks prior to commencing the oral arguments, submit concisely and under distinct headings written arguments in support of his case to the Court and such written arguments shall form part of the record.
(3B) The written arguments shall clearly indicate the provisions of the laws being cited in support of the arguments and the citations of judgments being relied upon by the party and include copies of such judgments being relied upon by the party.
(3C) A copy of such written arguments shall be furnished simultaneously to the opposite party.
(3D) The Court may, if it deems fit, after the conclusion of arguments, permit the parties to file revised written arguments within a period of not more than one week after the date of conclusion of arguments.
(3E) No adjournment shall be granted for the purpose of filing the written arguments unless the Court, for reasons to be recorded in writing, considers it necessary to grant such adjournment.
(3F) It shall be open for the Court to limit the time for oral submissions having regard to the nature and complexity of the matter.]
2.[***]
State Amendment :
(High Court Amendments-[Allahabad] :
For the present rule 2, substitute the following:
"2. (1) On the day fixed for the hearing of the suit or on any other day to which the hearing is adjourned, the party having the right to begin shall state his case, indicating the relevancy of each of the documents produced by him, and the nature of the oral evidence which he proposes to adduce and shall then call his witnesses in support of the issues which he is bound to prove.
(2) The other party shall then state his case in the manner aforesaid and produce his evidence (if any)."-(20-6-1936).
[Andhra Pradesh] :
Same as that of Madras.
[Delhi] :
Same as that of Punjab.
[Himachal Pradesh] :
Same as that of Punjab.
[Karnataka] :
Same as that of Madras-(R.O.C. No. 2526/1959, dated 9-2-1967).
[Kerala] :
In Order XVIII, in rule 2, after sub-rule (3) the following Explanation shall be inserted, namely:
"Explanation :
Nothing in this rule shall affect the discretion of the Court to direct or permit the examination of any witness at any stage of the suit for reasons to be recorded."-(9-6-1959).
[Madhya Pradesh] :
Add the following as sub-rule (4) to rule 2 :
"(4) Notwithstanding anything contained in this rule, the Court may order that the production of evidence or the address to the Court may be in any order, which it may deem fit."- (16-9-1960).
[Madras] :
Add the following at the end of rule 2:
"Explanation :
Nothing in this rule shall affect the jurisdiction of the Court, for reasons to be recorded in writing, to direct any party to examine any witness at any stage."
[Orissa] :
Insert the following at the end of rule 2 of Order 18:" Explanation.-Nothing in this rule shall affect the jurisdiction of the Court to direct any party to examine any witness at any stage, for reasons to be recorded by the Court in writing."- (7-5-1954).
[Punjab] :
At the end of rule 2, insert the following
"Explanation I :
Nothing in this rule shall affect the jurisdiction of the Court, of its own accord or on the application of any party for reasons to be recorded in writing, to direct any party to examine any witness at any stage.
Explanation II :
The expression "witness" in Explanation I shall include any party as his own witness".-(1-1 1-1966).
[Rajasthan] :
Insert the following as sub-rule (4) to rule 2:
"(4) Where a party himself wishes to appear as a witness, he shall so appear before any other witness on his behalf has been examined: provided that the Court may on an application made in this behalf and for reasons to be recorded, permit him to appear as his own witness at a later stage."-(25-7-1957).
[N.B.-These High Court Amendments relate to the provisions as existed before the 1999/2002 Amendment Acts.]
--------
1. Inserted by Act 22 of 2002, section 12 (w.e.f. 1-7-2002).
2. Sub-rule (4) omitted by Act 46 of 1999, section 27 (w.e.f. 1-7-2002).
*. Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, section 16 and the Sch. (w.e.f. 23-10-2015).    

INSTALL Android APP

*Note : All content on this website is for only educational purpose do not use it any where as legel activities and Publisher or owener is not responsible for any mistake if any mistake please suggest us. we will try to improve that.