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