24 THE CIVIL RULf S OF PRACTICE

(2) The dia ry wi ll be . in i tiall ed by th e Nazir whenever he ·15 sues

processes an d w henever the amin or peon ret urn s to headqua rters.

CHAPTER 111

TRIAL OF SUITS

A. The First Heari ng

104. Applica tion for directio ns.- Any party may at the first
:
hea ring, apply to the Court for directions as to any of the fol lowing matters

(1) The filing of a written statement by any pa rty, stating the pleas
rai sed by him, or further and better particulars th ereof;

(2) Adding or striking out parties;

(3) Discove ry of documents and interrog atories;

'
(4) Inspection or product ion of any docume nt or public record;

(5) Issue of commission to examine witnesses or for any

other purpose;

(6) Reference to an arbitrat or;

(7) Any other matter or proceeding necessary to be conside -

red or taken previou sly to the trial of the suit .

105· Discov ery of docum ents. - The Court may, at the first
hearing, ,of its own/ motion or on applica tion by any party to a suit,
call upon the parties to disclose by affidavi t, the documentary evide-
nce in their possession or power or on which they intend to rely.
The parties may also be directed by the Court to produce or cause the
product ion of all such docume nts within a time fixed by it.

Subject to just exceptions no document not so disclosed by the

parties or produced or caused to be produced within the time allowed
by the Court shall be admitte d in evidence .

106. lnterro gatorie s. - (1) An applicat ion fo r leave to deliver

nterroga tories under Order XI rule 2 shall contain at the foot there-
of th e proposed interrog atories and shall be accompanied by a copy of
the same and the fees prescribed for service of process. If leave is
granted the copy shall be served on the other party or his pleader.
 TH E CIVIL RULE S OF PRA CTICE 25
(2 ) If a party objects to answer any interro gatory he sha
ll
state short ly the grounds of hi s objecti on in his affid avit in
answer
to th e interroga tories .

107. Adjou rnmen t in consequence of applic ation for commi -

ssion .- lf any app lica t io n for th e issue of a commission to
examine
a witnes s , or with respect to any other matter mentioned in rule
104
is made subsequent to th e fir st hearing and an adjournm ent of
the final
hearing is praye d for th e adjourn ment shall not be allowe d unl ess
it appears
to the Court that th e applica tion could not be made at the 'first hearing
.

B. Issue s
108. Form of issues.- The issues framed by the Court and any
order passed upon any applica tion under Rule 104 shall be drawn up
in Form
No . 22 and shall form part of the record, and all parties shall be
entitled to
inspect the same and to obtain copies thereo f.

109. Proced ure in regard to the framin g of issues. - In

framing issues, the Court shall proceed as follows ;-

(1) Every issue of facts shall be so framed as to indicate on whom

the burden of proof lies.

(2) Every issue of law sha 11 be so framed as to indicate

either by a statem ent of admitte d or alleged facts or by
reference
to the pleadin gs or some documents mentioned therein the
precise
questio n of law to be decided.

(3) No propos ition of fac t which is not by itself a materia l

propos ition , but is relevan t only · as t ending to prove a material
propos ition, shall be made the subject of an issu e.

(4) No questio n regard ing the admis si bility of evid ence shall
be made the subjec t of an issue.

110. Findings to be recorded on all t he issues. - Exc ept

where a suit is disposed of under O.XIV r. 2 of the
Cod e, th e
Court shall record finding s on all the issues fram ed, even
though
the decisio n on some of them would be sufficie nt to dispos
e of
the suit.

C. Inspe ction of docu ment s

111. Inspec tion of docum ents. - A party sha ll be at liberty
to in spect, and obtain. a copy of an y docum ent fi led in Court.
26 THE CIVIL RULES OF PRA CTI CE

112. Inspection of Proceedings by party . - Every party and

. . .
h ,s P ea er , d es,nn g to inspe ct. a~y proceedings filed in Court by him or b
. I d
, in any suit, appeai
any other party , or by a Comm1 ss 1oner or office r of Court
proceeding of wh ich
~r matt.er, ~hall p~esen t a memo randu m specif ying the
witho ut the payment 0 f
inspe ction 1s requir ed and in spect ion will be allow ed
ma tter.
any fee durin g t he pendency of such su it, appeal or

113. Inspection of documents by strangers. - An appl ication

of or in th e cu stody of
for inspec tio n, or for cop ies of records or docum ents
suit, appeal or matter to
a Co urt , o ther than records or docum ents filed in a
Co urt by an appl ication
wh ich applic an t is a party shall be made to the said
s or documents are filed,
entitl ed in the suit, appeal or matte r in which record
which in spection is or
and spec ifying the partic ular record or docum ent of
to the natur e, date and
copie s are requir ed, by reference, as far as possible,
document. The appl ic-
the date of filing of and the partie s to each record or
er the applicant has
ation shall be .supp orted by an affida vit statin g wheth
the document, or the
any, and, if so what intere st in the subje ct-ma tter of
the purpo se for which
proce eding in which the record or docum ent is filed,
ed for the purpose of
inspe ction or copy is required and if the same is requir
said proceeding and the
an intend ed -or pendi ng proceeding, the nature of the
applicant.
relevancy of the record or docum ent to the case of the
may
114. Notic e of application for mspectio.n. - The Court
given to the parties
in its discre tion, cause notice of the applic ation to be
, the provisions of
to the said proce eding s, and, where such notice is given
cutor y application shall
the Code and of these rules with respect to an interlo
apply to the said notice.

115. Consent to inspect or obtain co'J)y. - The Co urt shall

not grant leave to a person, not a party to the proceeding, to inspec t or to
obtain a copy of any record or documen·t produced by anoth er person , who
also is not a party to the proceeding in which the same is filed, or to the
discovery of which the latter is entitle d to object, except in either case, with
his writte n consent.
fee for the
116. Inspe ction to · be made befor e -offic er and
record shall be
same.- lf leave to inspect is granted, the inspection of the
y and the fee for inspec-
made in the presence of the record-keeper or his deput
tt ed under rule 112
tion except where inspection witho ut payment is permi
which the record
shall be 75 pa ise for every hour or part of an hour during
by Court Fee stamps
keeper or his deputy shall be engaged and shall be paid
affixed to the application.

paymen t of
117. Copies or extracts not to be taken .• -The
docum ent or record
the inspection fee shall entitle the applicant to read any
 TIIF C IVIL RvLES or PR ACTICE 27
speci fie d in hi s appl ication an d th e inspectio n of
which has been allow ed by
the Co urt. He may make a shor t memo ra ndum
of the da te and natu re of
the document so as t o en abl e him to descri be
i t su ffi ci ently in case a copy
is requi red but he shall not be entit led t o make
a copy of the docum ent or
part of the docu ment or make extra c ts th erefro m.

D . Sea rch of Rec ords

118. Search fee .- -On every appl icat ion for inspe
ction or for a
copy of an y doc ume nt or recor d the re sh all be
pa id, in court fee stamps
i n addit io n to the us ua l fee on such applica
ti on an addit ion al fee for
search of the docu ment or record at t he rate ment
ioned be low :

Provi ded that no such fee need be paid by a

party to the suit or
proceed ing wher e in the appli cat ion for inspe ction
or for copy is ma·de if the
sui t o r proce eding is pend ing on the date of the
appli cat ion '
Prov ided also that no search fee need be paid
by a party to a su it
o r proce eding in the case of an appli catio n for
copy of a judgm ent, order or
decree prono unce d withi n one year pri or t o the
da t e <;>f t he app lica t ion .
For the purpo se of this rule, only one search fee
need be pa id for
all docu ment s formi ng part of the record in the
same suit or proceed ing and
the docu ment shall be deemed to be of the date
of the instit ution of the
sui t or proce eding of the record of which it forms
part.

Sca le of Fee s
Re. P.
A . When the docu ment belon gs to any year prior
to the
Calen dar year but is not more than ten years old
0 50
B. When the docu ment is more than ten years old
1 00
Enclosures or annexures to a proceeding or
document and t he
vouc hers appe rtaini ng to an acco unt shall
be- reckoned as part of the
proce eding or docu ment to whic h they relate .

If the proce eding or docu ment is not found , the

appli cant shall be
entitl ed to a certif icate to that effec t, free of cost
, as _in Form No. 23 .

E. pro duc tion Of doc ume nts

119. Records in the custody of Cour t.- (1)
An appli catio n
for the prod uctio n of records in the custo dy of
a Cour t shall spec ify the
partic ular docu ment s requi red to be produ ced
. Unless it appears to the
Cour t that the produ ction of the origin al docu
ment is necessary the _party
shall be requi red to obtai n and file copie s there
of and the orig inal shall not
be se nt fo r. If the Co ur t dispenses with the
affid avit ment ioned in Order
 28 TH E C IV IL RUL E S OF PR A CTI CE

XIII , Rul e 1 0 (2) o f th e Co d e it sh a ll re c ord in writ ing

th e re as on s f Or
s o do i ng .

ry
( 2) W hen a Co u r t find s it nec essa t o r equ ire the prod ucti on of
add re ss a
the reco r d s o f a n o th e r C our t, it s hall lette r of requ est as in Forrn
that Cou rt.
N o . 2 4 to th e P res i di ng Jud ge of

sen t for by a Cou rt ei th er from

. . (3) W here the doc ume nt to be ·
rt is an acc oun t boo k or is a doc u
i ts ?w n reco r d s or from a noth er Cou ~e::
or in the cus tody of t he 0th.er Cou
wh ~ch has to re ma in in thos e reco rds is sen t
the par ty at who se inst anc e it
w h ich b e long s to a p e rson othe r than st is
to dep osit befo re the lette r of re que
~o r, the cou rt may requ ire the par ty of
r nec ess ary to mee t the esti mat ed cost
i ssu ~d, suc h sum as it may con side .
suc h par t of it as may be requ ired
mak in g a cop y of the doc ume nt or
issu ed by the Cou rt suo mot o it
( 4) Whe n the lette r of requ est is as
n eith er par ty to mak e the dep os it
sha ll be ope n to the Cou rt to call upo
afor esa id.

nt in com plia nce with the lette r

(5) On the rece ipt of the doc ume boa rd
noti ce to be affix ed to the noti ce
of requ est, the Cou rt sha ll cau se a the
and that the part ies may app ly to
tha t the doc ume nt has bee n rece ived in
Afte r the doc ume nt has bee n adm itted
Cou rt for insp ecti on of tfJe sam e. the
it con side rs it nec essa ry to reta in
evid enc e, the Cou rt sha ll, unle ss rely
the por tion s ther eof on whi ch they
orig inal , dire ct the par ties to spe cify of
be mad e of the sam e at the expe nse
and dire ct a cop y or pho togr aph to ven ient
and sha ll ther eaft er with all con
the par ty req uirin g such por tion ived reta in ing
rt from whi ch it was rece
spe ed retu rn the orig inal to the Cou u-
n suc h cop y of a por tion of the doc
the cop ies as par t of the reco rd. Whe nt.
a clea r des crip tion of the doc ume
men t is prep ared , it sho uld con tain
cus tod y of a pub lic offi cer
120 . Pro duc tion of rec ord s in the the
for the prod ucti on of reco rds in
oth er tha n a Cou rt.- -A sum mon s and
a Cou rt sha ll be in Form No. 26
cus tody o.f a pub lic offic er othe r than
Dep artm ent con cern ed and in the case
sha ll be add ress ed to the Hea d of the it shal l
r or a Sub Reg istra r of Ass uran ces
of a sum mon s to a Dis trict Reg istra i red
Reg istra r in who se offic e the requ
be add ress ed to the Reg istra r or Sub in
pro duc tion of reve nue pap ers kep t
r eco rds are kep t. A sum mon s for the or of the
s be dire cted to the Col lect
any offic e in a dist rict sha ll in all case
dist rict:
for the prod ucti on of villa ge
Pro vide d that whe re the sum mon s is ll be
men t boo ks suc h sum mon s sha
acco unts incl udin g field mea sure rge
Dep uty Tah sild ar in inde pen den t cha
add ress ed to the Tah sild ar or to the
a s the case may be .

(
 THE CI VIL RUU:S OF PRACTICE 29
2
. . ( ) . Every applic ation for such summon s shall be made by a verifie d
peti t ion setting out (i) t he documen t or documents the production of wh ich
is requ '. red (ii ) th ~ _relevancy of t he document and (ii i) in case whe re t he
productio n of a ce rt1f1ed copy wou ld answer the purpose, whether appl icat ion
was rna de to th e prop er off icer for a certi f ied copy or copies and the result
of such applica t ion .

(3) No Co urt shall iss ue such summo ns unle ss it considers

t he product ion of t he origin al necessary or is satisfied that the
appl icat ion for a certified copy has been duly made and has not been
granted. The Court shall in every case record its reaso ns in writ ing
and sh ~II require the applicant to deposit in Cour t before the
summons is issued, such sum, as it may consider necessary, t o meet
th e estimated cost of making a copy of the document when produced .

(4) On production of the document in obedience to the sum-

mons, the Court shall, unless it thinks it necessary to reta in th e
original , direct a copy or photograph to be made at the expe nse of
the applicant and shall with all convenient speed return the ori gin al
retaining the copy:

Provided that a copy shall be taken and the original returned

as aforesaid in all cases where a District Registrar or Sub Reg istr ar
produces Book IV.

(5) Unless the Court requires the production of the ori ginal
every such summons to a public officer shall state that he is at li ber-
ty to produce instead of the original a copy certified in the mann er
prescribed by Section 76 of the Evidence Act.

(6) Nothing in this rule shall prevent a Cour t of its own mot-
ion from issuing a summons for the production of publ ic records or
other documents in the custody of a public officer if it thinks it necessary
for the ends of justice to do so . The Court shal l in every ca se
reco rd its reasons in writing.

121. Production of records in the custody of Parliament or

of a Legislature of a State. - - When the document required is in the
custody of a House of Parliamen t or of a Legislature of a St ate th e
summons shall be by a letter of request as in Form No . 26 .

122. Notice to third parties: - - Where the docum ent t o be

sent for under Rules 119 to 121 belongs to a third party, th e Cour t
may before ordering the application , direct notice thereof to th e
third party and consider his objection, if any, to the same.
 nng 4l~ •~ :-- ::. - c~ :.:r-.:
:-
"iW ~
126. B a.nker "s Books. -- A pa
?-'P()-z .- ~ :::::::i ~: ;:_--.
CEnif -:a OO ;iia s 0 .: O= n.\6f"S b:K it,s sJa (I Sl.
c..c ;:-:ro...,, 0~
ar.d th2 c~ tails of : ":-~ cm
-eS -~ -:e.
r,~i li@ !r.a ir -C: 2r.rc0:....--y
t:-•, c t:le 5\.;~ sbc nting tha :pra ," ?r "';"',2-. c.~ -
$- ffici;;.""tt ro ~"Entif~ rr-:r-:. The Co ~n oo fu. e gra
,1,ell as ro the ban~ amrer
noo
nc :r~-s :a =t.-: e:::-·:JOSi-~ f>3''P,·
2.s

,,:C: u-i : -
The Ba "
. k ma r sho ,,., cau _~ ag ain st me oro i;f ful ·~..
(2) , is !..":).\ak:
or ro, ro,_nis s a i1d m5 y re a111,'alrow co sts if rila cnjac :i~;
p:o:1-....:: j cn ro p:..~ · it.e S:: r.:~ :-:
e ro ::rt ffl3 f ?ls o rnr ec: th e ;>a ny c.pplying fu r co p•e s
Th
co st of rne km g St.'t:.1~ co pies.
}• r2q_ ;a; ~
og rap hic co pie s.. -- Any pan
12 7. Pre pa rat ion of ph o,t e C.:i_r:
ieS oi a ny cro cum em to be rak en shall ap_ol), ro m
:: - o :=g~c :::: n·:: cop ec: rh2 CC:l:~
sha ll. if it allo ws the ap plication , djr
rot me sam a an d the Co urt
oth: r Ph o~ "'2:::-~-
be p.-~ red by tile Go vernment Ph oto grc ph er or
,o same.
m e pa rty ap plying for the
2p pr orc d by it a t the cos t of
king o f do cu m en ts
F. Ad m is si on an d m ar
Exhibits admine d in c\ "O ~
128. (1 ) Ma rki ng of Ex hib its .--
sha ll be marke d as fol fm vs:
m a cap i raf l.aDar A
tiH or pe ti i'io ne r ti.. iah
(i} If file d by a p fain
, A3 etc.
foflov ied by a nu meral A 1. A2
p ati rio n \\it n dte
da nt o r respon den t to a
(ii) If fil ed by a de fen
83 elc .
we d by a numeral: 8 1. 82.
ecp ,ra l le tte r B. fo llo
bv a nu -
cap ita l fet t er C fo llo ,, ad
{iii)H cou tt exh ib irs . w ith the
mera l: Cl . C2 . C3 e tc.
fol low ed by a
(iv ) If ihird pa: w exh ibii
s , wi1h the cap ita l lat ter X
r>um era l: Xl , X2 . X3 etc .
 THE CIVIL RUL ES OF PR ACTICE 31

(2) Marking of Similar exhibits :- -A se ries of simi lar Exhibits

shall be marked w jth th e sa me capi ta l letters and numerals fo llow ed by
small letters of th e alphabets in brac kets. Wh en small letters of the alpha-
bets have ex hau sted, doubl e small letters shall be used as A 1 (a), A 1 (b),
A1 (c) , A1 (z), A1 (aa) , A1 (ab), A1 (ba ), A1 (bb ), A1 (zz), etc.

(3) Consecutive marking: - -The exhibi ts fil ed by the severa l

plain t iffs or defendan ts. shall be marked consecu tively.

(4) Marking insubsequent proceedings:--l f further ex hibits are

admitted in evidence in appeal, revision, or final decree proceedings, they
shall be marked in accordance with the abov~ scheme wit h numbers con-
secutive to the number on the last exhibit previously f iled.

129. Admission and proof of documents to be noted. -- Wh en

the genuineness of documents tendered by one party in evidence is admi tte d
by the other, the latter or his pleader shall be required to do so in writing.

130. Book IV not to be marked. -- Wh ere a Distric t Regis trar or

Sub Registrar produces Book IV, t he ori ginal book should not be marked as
an exhibit, but only the copy direc ted t o be taken under Rule 120 ( 4) .

G. Return of documents

131. Application for return of documents.Application for the

return of documents filed in Court shall be made to the Court in which they
were originally filed. If any documen t has been t ransmitted to any other
Court, the former Cou rt shall request such Court to retran smit the document
and on receipt thereof, shall return it to t he appl ican t.

132. Documents filed but neither admitted nor rejected to be

returned.--(1) Documents which have been filed in Cou rt but wh ich have
not been tendered in evidence and which have therefore neither been adm it-
ted nor rejected shall be returned to the person who produced t hem as ea rly
as possible, and, in any case, not later than at the close of t he tri al.

(2) No applica t ion shall be necessary for th eir ret urn bu t ao

acknowledgement shou_ld be obtained in t he document li st.

133. Return of documents tendered but rejected.--Documen ts

tendered, but not admitted in evidence should be endorsed in t he ma nner
directed by Order XIII , Rule 6 of the Code and may be returned to the person
producing t hem on his appl ication ei ther after t he t ime for fil ing an appeal or
revis ion from the decree in the su it or proceeding is over, or after the dis-
posal of the appeal or revis ion, if any, or w it h the consent of the oth er
part ies to the suit or proceeding.
 32 T!lr C'VI L RUU S OF PRACTICE

134. Retu rn of documents admi tted in eviden _

1
· ealab le c cfe · -( ) When a
case has be en finally decid ed and in an app . ase, a ter the
• d • . . ents h' h appeal
peno ,s over. or th e appeal is dispo sed of docum w tc have b
. . d . 'd een
ad m1tte m ev1 ence, excep t those which have becom e vo ·d I or useles s b
f orce o f t h e d ecree , may be return ed to t he perso ns produ cing th same oY
. n. e n
. app1·,catio
t heH

const itu ting title deeds may be return ed t

(2) Docu ments
.
· 0 the
. superseded by the
par1 ies notw i thstan ding the fact t hat t hey have been
decre e .

t take back
134 . A . If . th e appl ica n t under rul e 13 3 or 134 does no
ng the return the order
the docum ent w ithin t w o w eeks of th e o rde r all owi
shall be cance lle d.

preclu de a fresh
Provi ded howe v er that such ca nce lla tion sha ll no t
such docu m ent .
applic ation bei ng ma d e and allow ed for re turn of

NOTES

Inse r ted as per D1-90 60/ 75 Dated 27-1 - 1977.

ies
H. Cop ies of proc eedi ngs to be furn ishe d by part
to each othe r

side with
135. Party filing any proceeding to furnish the other
ing, sha ll, on demand in
a copy.- -A party, or plead er, filing any proce ed
ed ing, upon payment
w ri t ing, furnis h to any other party a copy of the proce
words if in manusc ript, or
t herefo r at the rate of ten paise for every hundr ed
fou r figure s being calcu-
at doubl e th is rate if the copy is typed or printe d,
lated as one w ord:

statem en t and
Provid ed that one copy of a pl ain t , a wri t ten
ti on sh all on like demand
of a memo ran dum of appea l or of c ross- objec
earing by a sepe.ra te
be furnis hed free of charg e to each party app
pl eader.

seper ate wri tte n

Provid ed furth er that every defe nd ant f il ing a
ry appl icatio n f iling
statem ent and every respo nd ant in an interl ocuto
court along w ith the
obj ection or cou nter affid av it shall produ ce in
affida vit, a copy the re -
origin al w ritten statem ent , obj ecti o n o r cou nter
as the case ma y be.
o f fo r th e us e of t he pl ai ntiff o r t he petitio ner,

C
 l H[ CIVIL RUUS OF PAAC TICE 33

NOTES
Inse rted as pe r D1 - 3232/ 77 dated 27th sept : 1978 published in
Kerala Ga zette No . 47 dated 21st Novembe r 1978.

Exp lanato ry note : There is no prov ision in the civil rule s of

pract ice requiring the defendan ts or responda nts to furni sh copie s of
w ri tte n statemen t s o r objection s fo r th e use of th e plaintiff or the
'Peti ti one r as the case may be. Thi s ca uses delay in the progress of
t he case . Hence th e ame ndment .

136. Name and address for service to be endorsed on copy .

The name and address for service of the party or plead er by whom
any copy is furnis hed shall be endorsed thereon , and the party or
pl eade r shall be answerab le for the same being a true copy of th e
proceed ing file d by him in court.

137 Refusal or neglect to furnish copy.- In ca se any party

o r pleader who has been required to furnish any such copy as afore -
sa id , eith er refuses, or for two days from the time when the applica-
t ion for the copy was made, neglects to furnish the same, the person
by wh om the applicati on has been made shall be at liberty to procure
a certfi ed copy from the Court, and in such case the party in defa ult
shall , unless the Judge otherwis e orders, be liable for the cost of
procuring the same.

1. Exami nation of witnes ses

138. Examina tion in camera. -The Court may, having regard
to th e special circumsta nces of any particula r case, order the examinat ion
of any w itness in camera.

139. Dispens ing with of or refusing to examine witness

present .-- (1) if a party dispenses with the exa min at ion of any
w itness the party or his pleader shall ordin arily be reqLiired lo si gn
a memoran dum to that effect.

(2) If th e Court refus es to examine any wi l ness th e reason

for such refusa l shall b e record ed .

140. (1) Binding over of witness present. -- Wh en th o tr io I o·f a

case in which witness appear is adjourne d without examinin g th em; they sha ll
be bound over to attend at the adjourne d date on paym ent through Court of
th ei r batta and travelling allowanc e to whic h t hey are entitled under th e
rule s. If t he party, at who se in st ance the witn ess are summone d , fai ls to
pay such expenses before the witne sses are bo und over, they shall btl
di sc harged.
34 THE CIVIL RULES OF PRACTICE

(2) When witness is a Government servant ·•• If th e w rtne .

b d · ff ss so
oun ove r is a Governmen t servan t the chief ministerial
Cou rt shall mak e an endorse ment on
h ·t
;hecopy of th
e summo
o. rce r of the
ns rn the ha d
at t sh n s
· e W I ness or on a separa te paper to the effect that the witnes
as been
bound over by the Court to attend at th e adjourned hearing.

to be
. (3) -Oovernme nt servants etc . appearing as witnesses
bel ong ing to
exam ,~ed s~me . day .-- . Governm_e~t servan ts and others
edrca l pract1_t1oners, appearing as witnesses shall be
e~sen_t,al serv ices like m_
are prese nt.
exa min ed as fa r as possible on the first day on which they

a wit-
(4) Certif icate of discharge to such witnesses. -- When
Court, the Cou rt
ness who is a Government servant has been discharged by
shall g rant him a certifi cate when required as in Form No. 27.

and
141. Office r administering oath.- - The oath to witnesses
Clerk or where
interp rete rs shall be administered in open Court by the Bench
r. ·
th e witn ess is examined on commission by the Commissione
of the
142. (1) Form of oath.- - The follow ing shall be the form
oath to be administered to witnesses:

" I swear that the evidence which I shall give touching the matter
nothing
now before the Court shall be the truth, the whole truth and
but the truth; So help me God."
affirm
(2) Witness who object to making an oath may solemnly
on th e follow ing form:
what
" I solemnly affirm in the presence of the Almigh ty God that
nothin g but the
I state shall be the !ruth, the whole truth and
tru th .".
tion
(3) If a witnes object ~ to making an oath or solemn affirma
or is a ch ild, the follow ing affirma tion shall be made by . him:
and
" I affirm that what I state shall be the truth; the whole truth
nothing but the truth" .
Court
(4) Where the witness appears to be under a disability, the
tency to give evidence.
may hold a preliminary examination as to his compe

143. Oath to interpreter.--When a witness is examined with the

take an oath or
aid of an interp reter the interpreter also shall be bound to
te the ques-
affirmation to the effect that he shall truly and correctly transla
witnes s and also
tions put by the Court into the language known to the
th e an swers given by the witness into the language of the Court.
 THE CIVIL RUL ES OF PRACTICE 35
144 . Trans lat ion of oat h.- -When the witne ss cannot under -
stand the lang ua ge in whi ch the oath or affirma tion is adm inistere
d, the
oath or affi rmati on shall be translate by the interpreter and put
to the
wit ness and th e witnes s all owed to take the oa th or affirma tion
in the
la ng uag e known to him .

145. Heading of depositions .-- In th e hea ding of all deposit ions

of w itnesses . the f ull name of th e deponen t and hi s or her fa th er's or
mother's
or karnavan 's or hu sband 's name which the deponent usually uses
as his or
her surname shall be recorded . The heading shall also sta t e
th e age ,
profession, and resid ence of the witness. The ·name of t he officer
w ho
admini sters the oath or affirma tion and name of th e int erprete
r if any
shall be written below the particu lars stated above .

146. Signing of depositions.--After a deposi tion has been

read over tc;> the witness the last page thereof shall be signed
in full
by him, The Judge shall initial every· page if the deposi tion
is not
recorded in his hand, A certific ate in the followi ng form
shall be
appended at the foot of the deposi tion and the Judge
affix his
signatu re thereto over his name.

"Taken down by/ before me in open Court, interpreted read

over to the witnes s and admitte d by him to be correct .

147. Numbering of witnesses.-- The witnesses called by the

plaintif fs or the defendants are to be numbered consecutively.
Where
. differe nt witnesses are called by the several plaintif fs or defend
ants, the
witness es called by each plaintif f or defendant are not to be
numbered
separately, but contina ously as if all had been called by a single pla
intiff or
defendant. Howev er in such cases it should be noted in the deposit
ion by
which plain t iff or defend ant the witness was called .

J. With draw al of suit or appe al

)

148. Notice of applic ation.- - Notice of an application for leave

to w ithdraw from a suit, matter or appeal shall be given to all parties
who
have appeared at the first hearing , or,. if the application is made before
the
first hearin g, then , to all parties who have entered appe arance .

149. Leave condit ional on payment of costs .-- Unless the

Court otherw ise orders, an order under Order XXIII, Rule 1 of
the Code
permitt ing a party to withdra w from a suit , matter or appeal sh all
be made
conditi onal upon payment of t he co sts of th e defend ant or res pond
ent as · in
Form No. 28.