Civil Manual 208 — Section

Gujarat High Court Civil Manual (subordinate court practice), 1960

Statutory text

(1) The standard forms provided should be used for recording depositions as it is important to record the name, description and residence of the witness sufficiently to prevent any subsequent mistake as to his identity.

(2) The deposition of each witness should be recorded on a separate sheet and in the manner prescribed in Order XVIII of the Civil Procedure Code. It is illegal and improper to record the deposition of one witness at length and to enter against the names of other witnesses "states as above". Deposition should be recorded in the first person.

(3) In depositions recorded in English the use of words or phrases in regional language (not being technical, revenue or law terms) should be avoided if there is a satisfactory and corresponding English equivalent. If a word in the regional language is used its nearest English equivalent should be added in brackets. It is often necessary to know in what sense a Court is using a term in the regional language. Similarly, Indian dates should be followed in brackets by their equivalents according to the Gregorian Calendar.

(4) Each deposition should be signed (not merely initialled) by the presiding officer, who should add to his signature at least the initials indicating his official designation, so that the deposition may be complete in itself. He shall also sign a certificate at the foot of each deposition to the effect that it has been read over or interpreted to the witness. Every correction in the deposition should be initialled by the Judge.

(5) The provisions of Order XVIII, rules 5 and 6, Civil Procedure Code, as regards the reading over and interpretation of evidence to witnesses in the presence of the Judge are frequently overlooked. These provisions of the law should be strictly followed.

(6) It is important that the whole of the evidence given by each witness should appear in one place, and not scattered at intervals through the record. Therefore, when a witness is for any reason, recalled and further examined, after the close of his original deposition, such further examination should appear as a continuation of the original deposition, being headed as follows: Recalled for further examination on this (here enter the date) after the (here show the stage of the proceedings immediately preceding the recall of the witness, e.g. if the first witness for the plaintiff is recalled after the tenth, the entry would be) "10th witness for the plaintiff".

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