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Friday, 13 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Code of Civil Procedure, 1908 · Order XVIII: Hearing Of The Suit And Examination Of Witnesses

Order XVIII Rule 16 CPC: Power to examine witness immediately

Bare Act text

16. Power to examine witness immediately.—(1) Where a witness is about to leave the jurisdiction of the Court, or other sufficient cause is shown to the satisfaction of the Court why his evidence should be taken immediately, the Court may, upon the application of any party or of the witness, at any time after the institution of the suit, take the evidence of such witness in manner hereinbefore provided.

(2) Where such evidence is not taken forthwith and in the presence of the parties, such notice as the Court thinks sufficient, of the day fixed for the examination, shall be given to the parties.

(3) The evidence so taken shall be read over to the witness, and, if he admits it to be correct, shall be signed by him, and the Judge shall, if necessary, correct the same, and shall sign it, and it may then be read at any hearing of the suit.

Amendment notes

  1. The provisions of rules 11, 13, 14, 15, so far as they relate to the manner of taking evidence, are not applicable to the Chief Court of Oudh, see the Oudh Courts Act, 1925 (U. P. Act 4 of 1925), s. 16 (2).

Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), First Schedule, as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.

In simple words

Where a witness is about to leave the Court's jurisdiction, or other sufficient cause is shown why his evidence should be taken immediately, the Court may, on the application of any party or the witness, take his evidence at any time after the suit is instituted. If it is not taken forthwith in the presence of the parties, the Court gives them sufficient notice of the day fixed. The evidence is read over to the witness, signed by him if he admits it is correct, corrected if necessary and signed by the Judge, and it may then be read at any hearing of the suit.

Order XVIII: Hearing Of The Suit And Examination Of Witnesses

  1. 1 Right to begin
  2. 2 Statement and production of evidence
  3. 3 Evidence where several issues
  4. 3A Party to appear before other witnesses
  5. 4 Recording of evidence
  6. 5 How evidence shall be taken in appealable cases
  7. 6 When deposition to be interpreted
  8. 7 Evidence under section 138
  9. 8 Memorandum when evidence not taken down by Judge
  10. 9 When evidence may be taken in English
  11. 10 Any particular question and answer may be taken down
  12. 11 Questions objected to and allowed by Court
  13. 12 Remarks on demeanour of witnesses
  14. 13 Memorandum of evidence in unappealable cases
  15. 14 Judge unable to make such memorandum to record reasons of his inability (Omitted)
  16. 15 Power to deal with evidence taken before another Judge
  17. 16 Power to examine witness immediately
  18. 17 Court may recall and examine witness
  19. 17A Production of evidence not previously known or which could not be produced despite due diligence (Omitted)
  20. 18 Power of Court to inspect
  21. 19 Power to get statements recorded on commission
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