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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…

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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?

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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.

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