Rule 16A of CPC : Rule 16A: Questions objected to before the Commissioner.

Explanation using Example

Example 1:

Scenario: A property dispute case in a civil court in Mumbai.

Context: During the proceedings, the court appoints a Commissioner to record the testimony of witnesses.

Situation:

• Witness: Mr. Sharma, a neighbor who witnessed the events leading to the dispute.
• Question: The plaintiff's lawyer asks Mr. Sharma, "Did you see Mr. Verma (the defendant) threatening Mr. Gupta (the plaintiff) on the night of the incident?"
• Objection: The defendant's lawyer objects to the question, claiming it is leading and prejudicial.

Application of Rule 16A:

• The Commissioner notes down the question, the objection raised by the defendant's lawyer, and the name of the lawyer.
• The Commissioner also records Mr. Sharma's answer to the question.
• Since the objection is not based on privilege, the answer is recorded.

Outcome:

• The court later reviews the objection and decides whether the answer can be admitted as evidence.
• If the court orders, the answer recorded by the Commissioner will be read as evidence in the suit.

Example 2:

Scenario: A defamation case in a civil court in Delhi.

Context: The court appoints a Commissioner to record the testimony of witnesses.

Situation:

• Witness: Ms. Kapoor, a journalist who published an article about the plaintiff.
• Question: The defendant's lawyer asks Ms. Kapoor, "Did the plaintiff ever confide in you about their involvement in the scandal?"
• Objection: The plaintiff's lawyer objects to the question on the grounds of privilege, arguing that the information is protected by journalistic privilege.

Application of Rule 16A:

• The Commissioner notes down the question, the objection raised by the plaintiff's lawyer, and the name of the lawyer.
• The Commissioner does not record Ms. Kapoor's answer to the question.
• The examination of Ms. Kapoor continues on other matters.
• The plaintiff's lawyer takes the issue of privilege to the court for a decision.

Outcome:

• The court reviews the objection and decides whether the question involves privileged information.
• If the court decides there is no privilege, the Commissioner may recall Ms. Kapoor to answer the question, or the court may examine her directly on this point.
• If the court decides the information is privileged, the question remains unanswered and is not part of the evidence.