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Examination of Witnesses (Order XVIII CPC)

Civil Procedure & Litigation Mechanics

Definition

The procedural mechanism governing the recording of oral evidence in civil trials, consisting of Examination-in-Chief (usually submitted via affidavit under Order XVIII Rule 4), Cross-Examination by the adverse party, and Re-Examination.

Example

In a partition suit before the City Civil Court at Hyderabad, the plaintiff tenders their evidence-in-chief via an examination-in-chief affidavit, after which the defendant’s advocate conducts cross-examination before a court-appointed advocate commissioner.