A witness detained in prison has evidence material to a civil suit, and the court cannot secure the…
Order XVI-A rule 7(1) allows a court to issue a commission to examine a person in prison if their evidence is material and their attendance cannot be secured under the…
Choose your answer
A witness detained in prison has evidence material to a civil suit, and the court cannot secure the witness’s attendance under the preceding rules of Order XVI-A. What may the court do under Order XVI-A rule 7 of the Code of Civil Procedure, 1908?
Answer and explanation
Correct answer A
Order XVI-A rule 7(1) allows a court to issue a commission to examine a person in prison if their evidence is material and their attendance cannot be secured under the preceding rules.
The provisions of Order XXVI apply so far as applicable under rule 7(2).
Option feedback
Option A
Rule 7(1) authorizes a commission when the evidence is material and attendance cannot be secured under the preceding rules.
Option B
The rule provides for examination in prison while the witness is detained.
Option C
Rule 7(1) applies to a person imprisoned within the State or elsewhere in India.
Option D
The court may use a commission when the conditions in rule 7(1) are met.
Practice for these exams
-
All India Bar Examination (AIBE)
Subject revision
See pack details on LawMint.net -
IIT Kharagpur LL.M. Entrance
Subject revision
See pack details on LawMint.net -
Odisha Judicial Services
-
CUET PG Law (LL.M.)
Subject revision
-
Supreme Court Law Clerk and Research Associate
Subject revision
-
Bihar Judicial Services
Subject revision
-
Uttarakhand Judicial Services
Subject revision