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Demeanour of Witnesses (Order XVIII Rule 12 CPC)

Civil Procedure & Litigation Mechanics

Definition

The statutory power of a civil trial judge to record remarks concerning the physical conduct, demeanor, hesitation, or body language of a witness while under examination in the witness box.

Example

While being cross-examined regarding the execution of a disputed will in a trial court in Chandigarh, the attesting witness repeatedly faints, refuses to look at the document, and contradicts themselves; the judge records these observations on the demeanour of the witness on the deposition sheet.