Civil Manual 4 — Section

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

Statutory text

After the framing of issues there follows the actual trial, that is the hearing of the evidence. In the trial the Code follows largely the English theory which is based on trial by jury. Before a jury when the trial, that is the hearing of the evidence, once begins, it must go on from day to day or the jury might forget the evidence and could not return ,a verdict according to the evidence. Judges like juries can also forget the evidence unless it is reasonably fresh in their minds; so the Code intends that the hearing of evidence when once begun, should proceed from day to day. And indeed it is difficult to imagine anything less in accordance with our ideas of justice than a Judge who decides a suit on evidence heard so long ago that he has forgotten the impressions it made on his mind at the time.

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