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State of Madhya Pradesh - Section

Section 147 in M.P. Civil Court Rules, 1961

147.

(1)Depositions should be recorded on the printed forms supplied. It is a convenience to appellate Courts if lengthy depositions are divided into numbered paragraphs. When a deposition cannot be completed in one sheet, the printed forms for the continuation of deposition should be used for all sheets after the first, each such sheet being marked in the right hand top comer with a number denoting its order in the deposition; thus the first continuation sheet will be marked "2", the second "3" and so on. The deposition of each witness should be recorded on a separate sheet and in the manner prescribed in Order XVIII of the Civil Procedure Code. It is illegal and improper to record the deposition of one witness at length and to enter against the names of other witnesses "state as above". Deposition should be recorded in the first person.
(2)The headings, both of deposition sheets and of continuation sheets, are invariably to be filled up by the presiding officer himself. In the former, the word "oath" will be substituted when required for "affirmation". The age of the witness stated in the heading will be estimated by the presiding officer, if the witness does not appear to be able to state his own age correctly. If, for any special reason, it is necessary to record as such, the witness's own statement as to his age, it will be recorded in the body of the deposition. The particulars as to the name, parentage, residence and occupation of the witness are a part of the deposition itself, and are not to be recorded till the oath or affirmation has been administered. The statement as to the occupation of the witness is to be recorded with precision, e.g., "servant" is not a sufficient description, it should appear what sort of servant the witness is. Where the witness is a married woman, her husband's name should be recorded instead of her father's.Note 1.-The name of an European witness should be recorded in full. It is not necessary to record his father's name, and in the case of well known official the age may be omitted from the heading.Note 2.-Except where it is relevant for the purpose of legal proceedings a witness should not be asked to reveal his caste as a matter of course. It will, however, be open to the Court of elicit the information in respect of a particular witness if the circumstances so justify.
(3)When the use of words or phrases not used in Hindi or English is unavoidable, the nearest equivalent of the language of the deposition should be added in brackets (except in the case of technical, revenue or law terms) so as to clarify in what sense the lower Court is using that term. Similarly, where the dates are not according to a widely understood calendar, the equivalent dates of National Calendar should be given in brackets.
(4)Each deposition should be signed (not merely initialled) by the presiding officer, who should add to his signature at least the initials indicating his official designation, so that the deposition may be complete in itself. He shall also sign a certificate at the foot of each deposition to the effect that it has been read over or interpreted to the witness, in the Judge's presence.Note. - The provisions of Order XVII, Rules 5 and 6, Civil Procedure Code, as regards the reading over the interpretation of evidence to witnesses in the presence of the Judge are frequently overlooked. These provisions of law should be strictly followed.
(5)It is important that the whole of the evidence given by each witness should appear in one place, and not scattered at intervals through the record. Therefore when a witness is, for any reason, recalled and further examined after the close of his original deposition, such further examination should appear as a continuation of the original deposition, being headed as follows, for the sake of distinction."Recalled for further examination on this (here enter the date) after the (here show the stage of the proceedings immediately preceding the recall of the witness, e.g., if the first witness for the plaintiff is recalled after the tenth, the entry would be 10th witness for the plaintiff)"-
(6)Care should be taken to make deposition as little confusing as possible. In particular different words or phrases should not be used in different parts of the deposition to describe the same objects and documents. A person should be referred to in a consistent manner, e.g., he should not be referred to by his family name at one place and by his personal name at another.