Bare Acts in India (भारत)

Explain, recording of evidence on Affidavit. (4 Marks) (JMFC 2007 - Paper 1) Answer: 1. Recording of evidence on affidavit is mandatory for examination-in-chief of a witness as per Order XVIII, Rule 4 of the Code of Civil Procedure, 1908. 2. The affidavit of evidence should be filed simultaneously by the party at the time directed in the first Case Management Hearing as per Order XVIII, Rule 4(1A). 3. Additional evidence by affidavit of any witness can only be led with sufficient cause and court permission as per Order XVIII, Rule 4(1B). 4. The evidence of the witness in attendance, whose evidence by affidavit has been furnished, shall be taken by the Court or Commissioner appointed by it as per Order XVIII, Rule 4(2). 5. The Court or Commissioner shall record evidence in writing or mechanically in the presence of the Judge or Commissioner as per Order XVIII, Rule 4(3). 6. The Court may redact or reject portions of the affidavit that do not constitute evidence as per Order XIX, Rule 5. 7. In cases where an appeal is not allowed, a memorandum of the substance of what the witness deposes shall be made and authenticated by the Judge as per Order XVIII, Rule 13. 8. The High Court may direct that evidence in cases where an appeal is allowed shall be taken down in English as per Section 138 of Part XI - Miscellaneous.

Write a short note on: Powers of court in relation to Alternate Dispute resolution under the amended provisions of the code of Civil Procedure 1908. (4 Marks) (JMFC 2008 - Paper 1) Answer: Under the Code of Civil Procedure, 1908, the court has been vested with the power to direct parties to opt for alternative dispute resolution (ADR). As per Order X, Rule 1A, after recording the admissions and denials, the court directs the parties to choose a mode of settlement outside the court as specified in sub-section (1) of section 89. The parties have the liberty to choose their preferred forum or authority for ADR, and the court fixes the date of appearance accordingly. This provision promotes out-of-court settlements, thereby reducing the burden on the judiciary. It also provides parties with a chance to resolve their disputes amicably and in a less formal setting. The court's role is to facilitate this process and ensure that the parties adhere to the chosen mode of ADR. This power of the court is in line with the objective of the Code to ensure a fair and efficient resolution of disputes.