Professional Documents
Culture Documents
ORDER : 40
a) fails to submit his accounts at such periods and in such form as the Court directs, or
b) fails to pay the amount due from him as the Court directs or
c) occasions loss to the property by his willful default or gross negligence.
Order : 18
1. Order : 18, deals with the hearing of the suit and examination of the witnesses.
2. Order : 18 has 18 rules.
3. The plaintiff has the right to begin unless the defendant admits the facts alleged by the
plaintiff and contends that either in point of law or on some additional facts alleged by
the defendant the plaintiff is not entitled to any part of the relief which he seeks, in which
case the defendant has the right to begin. ( R.1 )
4. On the day fixed for the hearing of the suit, party having the right to begin shall state his
case and produce his evidence in support of the issues which he is bound to prove.(R.2)
5. The other party shall then state his case and produce his evidence (if any) and may then
address the Court generally on the whole case. (R.2(2))
6. The party beginning may then reply generally on the whole case. (R.2(3))
7. The evidence of the witnesses in attendance shall be taken orally in open Court in the
presence and under the personal direction of the Judge. (R.4)
8. In cases in which an appeal is allowed the evidence of each witness shall be taken down
in writing, in the language of the Court, by or in the presence and under the personal
direction of the judge. ( R.5)
9. In cases in which an appeal is allowed the evidence of each witness shall be taken not
ordinarily in the form of question and answer, but in that of a narrative, and, when
completed, shall be read over in the presence of the Judge and of the witness, and the
Judge shall, if necessary, correct the same, and shall sign it. (R.5)