Order 16 MCQ Quiz - Objective Question with Answer for Order 16 - Download Free PDF

The correct answer is not later than fifteen days from the date of settlement of issues

Key Points

•  According to Order XVI Rule 1(1) of the Code of Civil Procedure, 1908, the parties are required to submit the list of witnesses: "On or before such date as the Court may appoint, and not later than fifteen days after the date on which the issues are settled."
• Submission of Witness List:
• After the court settles the issues in a suit, it is the duty of the parties to submit a list of witnesses.
• This list should include the names of the individuals whom the parties propose to:
  • Call to give evidence in the court, or
  • Produce documents relevant to the case.
• Time Limit:
• The submission must occur:
  • On or before the date the court specifies, and
  • Not later than fifteen days after the issues are settled.

The correct answer is constitute a commission to record the statement

Key Points

• When a person confined in a prison outside the state is required to give evidence in a civil suit, the court cannot order their physical production in court. Instead, the appropriate procedure is to appoint a commission to record their evidence under the provisions of the Code of Civil Procedure, 1908 (CPC).
• Order XVI Rule 19 CPC  limits the power of the court to compel personal attendance for giving evidence when the person resides or is confined outside the jurisdiction of the court or beyond specified distance limits.
• Under Order XXVI Rule 1, when the evidence of a person who cannot be compelled to attend is necessary, the court may issue a commission to record their statement. 

The correct answer is option 2.

Key Points

•  Rule 1 of Order 16 says  List of witnesses and summons to witnesses.—(1) On or before such date as the Court may appoint, and not later than fifteen days after the date on which the issues are settled, the parties shall present in Court a list of witnesses whom they propose to call either to give evidence or to produce documents and obtain summonses to such persons for their attendance in Court.
  (2) A party desirous of obtaining any summons for the attendance of any person shall file in Court an application stating therein the purpose for which the witness is proposed to be summoned.
  (3) The Court may, for reasons to be recorded, permit a party to call, whether by summoning through Court or otherwise, any witness, other than those whose names appear in the list referred to in sub-rule (1), if such party shows sufficient cause for the omission to mention the name of such witness in the said list.
  (4) Subject to the provisions of sub-rule (2), summonses referred to in this rule may be obtained by the parties on an application to the Court or to such officer as may be appointed by the Court in this behalf within five days of presenting the list of witnesses under sub-rule (1).
• Rule 1A of Order 16 says Production of witnesses without summons.—A Subject to the provisions of sub-rule (3) of
  rule 1, any party to the suit may, without applying for summons under rule 1, bring any witness to give evidence or to produce documents.

The correct option is Option 3

Key Points

• Under Order XVIII, Rule 2 of the Code of Civil Procedure of 1908, the provision pertains to the examination of witnesses in a civil court proceeding.
• Rule 2 specifically addresses how the examination of witnesses is to be conducted.
• Examination-in-chief:
  • The examination of a witness by the party who calls them is referred to as examination-in-chief.
  • During this phase, the party can ask open-ended questions to allow the witness to narrate their version of events.
• Manner of putting questions:
  • The questions should be "relevant to the suit or proceeding" and should be "in a manner which the Judge considers likely to elicit the answer which will afford full information."
• Leading questions:
  • Leading questions, which suggest the answer, are generally not allowed in the examination-in-chief.
  • However, the court may permit them in certain circumstances if the witness is hostile or adverse.
• Re-examination:
  • After the examination-in-chief is completed, the opposite party has the right to cross-examine the witness.
  • Following the cross-examination, the party who called the witness may re-examine the witness.
  • Re-examination is limited to clarifying matters that arose during cross-examination.
• Order XVIII, Rule 2 ensures that the examination of witnesses is conducted in a manner that is relevant to the case and aims to elicit complete and accurate information. It also sets the framework for the permissible types of questions during examination-in-chief and cross-examination.

The correct option is Option 5.

Key Points

• Under Order XVIII, Rule 2 of the Code of Civil Procedure of 1908, the provision pertains to the examination of witnesses in a civil court proceeding.
• Rule 2 specifically addresses how the examination of witnesses is to be conducted.
• Examination-in-chief:
  • The examination of a witness by the party who calls them is referred to as examination-in-chief.
  • During this phase, the party can ask open-ended questions to allow the witness to narrate their version of events.
• Manner of putting questions:
  • The questions should be "relevant to the suit or proceeding" and should be "in a manner which the Judge considers likely to elicit the answer which will afford full information."
• Leading questions:
  • Leading questions, which suggest the answer, are generally not allowed in the examination-in-chief.
  • However, the court may permit them in certain circumstances if the witness is hostile or adverse.
• Re-examination:
  • After the examination-in-chief is completed, the opposite party has the right to cross-examine the witness.
  • Following the cross-examination, the party who called the witness may re-examine the witness.
  • Re-examination is limited to clarifying matters that arose during cross-examination.
• Order XVIII, Rule 2 ensures that the examination of witnesses is conducted in a manner that is relevant to the case and aims to elicit complete and accurate information. It also sets the framework for the permissible types of questions during examination-in-chief and cross-examination.

The correct option is Option 5.

Key Points

• Under Order XVIII, Rule 2 of the Code of Civil Procedure of 1908, the provision pertains to the examination of witnesses in a civil court proceeding.
• Rule 2 specifically addresses how the examination of witnesses is to be conducted.
• Examination-in-chief:
  • The examination of a witness by the party who calls them is referred to as examination-in-chief.
  • During this phase, the party can ask open-ended questions to allow the witness to narrate their version of events.
• Manner of putting questions:
  • The questions should be "relevant to the suit or proceeding" and should be "in a manner which the Judge considers likely to elicit the answer which will afford full information."
• Leading questions:
  • Leading questions, which suggest the answer, are generally not allowed in the examination-in-chief.
  • However, the court may permit them in certain circumstances if the witness is hostile or adverse.
• Re-examination:
  • After the examination-in-chief is completed, the opposite party has the right to cross-examine the witness.
  • Following the cross-examination, the party who called the witness may re-examine the witness.
  • Re-examination is limited to clarifying matters that arose during cross-examination.
• Order XVIII, Rule 2 ensures that the examination of witnesses is conducted in a manner that is relevant to the case and aims to elicit complete and accurate information. It also sets the framework for the permissible types of questions during examination-in-chief and cross-examination.

The correct answer is not later than fifteen days from the date of settlement of issues

Key Points

•  According to Order XVI Rule 1(1) of the Code of Civil Procedure, 1908, the parties are required to submit the list of witnesses: "On or before such date as the Court may appoint, and not later than fifteen days after the date on which the issues are settled."
• Submission of Witness List:
• After the court settles the issues in a suit, it is the duty of the parties to submit a list of witnesses.
• This list should include the names of the individuals whom the parties propose to:
  • Call to give evidence in the court, or
  • Produce documents relevant to the case.
• Time Limit:
• The submission must occur:
  • On or before the date the court specifies, and
  • Not later than fifteen days after the issues are settled.

The correct answer is constitute a commission to record the statement

Key Points

• When a person confined in a prison outside the state is required to give evidence in a civil suit, the court cannot order their physical production in court. Instead, the appropriate procedure is to appoint a commission to record their evidence under the provisions of the Code of Civil Procedure, 1908 (CPC).
• Order XVI Rule 19 CPC  limits the power of the court to compel personal attendance for giving evidence when the person resides or is confined outside the jurisdiction of the court or beyond specified distance limits.
• Under Order XXVI Rule 1, when the evidence of a person who cannot be compelled to attend is necessary, the court may issue a commission to record their statement. 

The correct answer is option 2.

Key Points

•  Rule 1 of Order 16 says  List of witnesses and summons to witnesses.—(1) On or before such date as the Court may appoint, and not later than fifteen days after the date on which the issues are settled, the parties shall present in Court a list of witnesses whom they propose to call either to give evidence or to produce documents and obtain summonses to such persons for their attendance in Court.
  (2) A party desirous of obtaining any summons for the attendance of any person shall file in Court an application stating therein the purpose for which the witness is proposed to be summoned.
  (3) The Court may, for reasons to be recorded, permit a party to call, whether by summoning through Court or otherwise, any witness, other than those whose names appear in the list referred to in sub-rule (1), if such party shows sufficient cause for the omission to mention the name of such witness in the said list.
  (4) Subject to the provisions of sub-rule (2), summonses referred to in this rule may be obtained by the parties on an application to the Court or to such officer as may be appointed by the Court in this behalf within five days of presenting the list of witnesses under sub-rule (1).
• Rule 1A of Order 16 says Production of witnesses without summons.—A Subject to the provisions of sub-rule (3) of
  rule 1, any party to the suit may, without applying for summons under rule 1, bring any witness to give evidence or to produce documents.

The correct option is Option 3

Key Points

• Under Order XVIII, Rule 2 of the Code of Civil Procedure of 1908, the provision pertains to the examination of witnesses in a civil court proceeding.
• Rule 2 specifically addresses how the examination of witnesses is to be conducted.
• Examination-in-chief:
  • The examination of a witness by the party who calls them is referred to as examination-in-chief.
  • During this phase, the party can ask open-ended questions to allow the witness to narrate their version of events.
• Manner of putting questions:
  • The questions should be "relevant to the suit or proceeding" and should be "in a manner which the Judge considers likely to elicit the answer which will afford full information."
• Leading questions:
  • Leading questions, which suggest the answer, are generally not allowed in the examination-in-chief.
  • However, the court may permit them in certain circumstances if the witness is hostile or adverse.
• Re-examination:
  • After the examination-in-chief is completed, the opposite party has the right to cross-examine the witness.
  • Following the cross-examination, the party who called the witness may re-examine the witness.
  • Re-examination is limited to clarifying matters that arose during cross-examination.
• Order XVIII, Rule 2 ensures that the examination of witnesses is conducted in a manner that is relevant to the case and aims to elicit complete and accurate information. It also sets the framework for the permissible types of questions during examination-in-chief and cross-examination.

The correct option is Option 5.

Key Points

• Under Order XVIII, Rule 2 of the Code of Civil Procedure of 1908, the provision pertains to the examination of witnesses in a civil court proceeding.
• Rule 2 specifically addresses how the examination of witnesses is to be conducted.
• Examination-in-chief:
  • The examination of a witness by the party who calls them is referred to as examination-in-chief.
  • During this phase, the party can ask open-ended questions to allow the witness to narrate their version of events.
• Manner of putting questions:
  • The questions should be "relevant to the suit or proceeding" and should be "in a manner which the Judge considers likely to elicit the answer which will afford full information."
• Leading questions:
  • Leading questions, which suggest the answer, are generally not allowed in the examination-in-chief.
  • However, the court may permit them in certain circumstances if the witness is hostile or adverse.
• Re-examination:
  • After the examination-in-chief is completed, the opposite party has the right to cross-examine the witness.
  • Following the cross-examination, the party who called the witness may re-examine the witness.
  • Re-examination is limited to clarifying matters that arose during cross-examination.
• Order XVIII, Rule 2 ensures that the examination of witnesses is conducted in a manner that is relevant to the case and aims to elicit complete and accurate information. It also sets the framework for the permissible types of questions during examination-in-chief and cross-examination.