Section 112 in Andhra Pradesh Civil Rules of Practice and Circular Orders, 1980
112. Adjournment in consequence of application for commission:
- If an application for the issue of a commission to examine a witness, with respect to any other matter mentioned in Rule 101 is made subsequently to the first hearing, and an adjournment of the final hearing is prayed, the adjournment shall not be allowed, unless it is made to appear to the Court that the application could not, or ought not to have been made at the first hearing.[113. Evidence: -(1)At the top of every sheet used for recording evidence shall be written the name of the witness, his father's name, age, residence and occupation, the number of the witness and the case number.(2)All additions, alterations etc., in the deposition shall be attested by the Presiding Judge.Note: - Where the evidence is taken down in the presence and under the personal direction and superintendence of the Judge or from the dictation of the Judge directly on a typewriter and Judge shall sign or initial each page as soon as it is completed.(3)Whenever the Court consider it necessary to appoint a commissioner for recording the evidence (cross examination or re-examination) of witness or witnesses whose evidence (Examination in chief by an affidavit) has already been filed in the Court. The Court may appoint a commissioner for recording evidence of witness/witnesses from a panel prepared for this purpose on rotation basis.(4)The Court for the reasons to be recorded in writings may however appoint an advocate or retired judicial officer as a commissioner where a commissioner from the panel is not available for recording evidence.(5)(a)The District Judge shall prepare a panel of commissioners for recording of evidence of witnesses under Order XVIII, Rule 4 of CPC for all the Courts situated at the District Head Quarters.(b)The Additional District Sessions Judge/Senior Civil Judge/Junior Civil Judge of the Courts situated outside the Head Quarters shall prepare panels of commissioners for their courts with the approval of the District Judge. Where there are more than one Court at a Station outside the District Head Quarters, a common panel of the commissioners shall be prepared for all the courts by the senior most judge of the station with the approval of the District Judge.(c)The panel of commissioners shall be prepared from the following categories after obtaining their willingness.(i)advocates having sufficient experience at the Bar and practicing in the courts.(ii)any retired District Judge/Sr. Civil Judge/Jr. Civil Judge.(6)Sittings of the Commissioner.(a)The Commissioner shall complete the recording of the evidence (cross examination and re-examination) of witness/witnesses and shall submit the evidence recorded by him along with the report to the Court on or before the-date fixed by the Court, which shall not normally be beyond sixty days from the date of issue of the commission, the court however for reasons to be recorded in writing extend the time beyond sixty days.(b)the sittings of the commissioner for recording the evidence shall be. within the premises of Court or at any place directed by the Court.(7)Marking and Certifying of Exhibits.(a)Where a party/witness wants to reply on a document which has already been filed in the Court, the same shall be referred and identified by its serial number, description and the date as given in the list of document filed in the Court.(b)The party in his affidavit shall list out the documents referred in the Affidavit with its SI.No. Description and date in the last para of the Affidavit.(c)The court shall consider the admissibility of the documents referred in the affidavit of the examination-in-Chief and endorse on the documents. If admitted in evidence, the following particulars, viz.(i)the number and title of the suit.(ii)the name of the person who filed the document and exhibit number given by the Court.(iii)the date on which it was produced.(iv)the statement of its having been admitted. And the endorsement shall be signed or initialed by the Judge.(d)Where any document is not admitted there shall be endorsement on the document that it has not been admitted and the endorsement shall be signed or initialed by the Judge.(e)Where the court decides to admit a document subject to objection, the Court shall make an endorsement to that effect on the document and given an Exhibit Number.(f)The Court shall note the corresponding Exhibit numbers against the entries of the documents in the list given in the last para of the affidavit.(g)Where documents are produced for cross-examination of a witness of the party or where a document is handed over to a witness in the cross examination to refresh his memory, the commissioner shall mark them as Exhibits for identifications.(8)Handing over the original Record to the commissioner :The Court shall hand over the original record with pagination under proper receipt to the commissioner keeping the original proceedings sheet of the court proceedings and duplicate plaint, copy of written statement and Xerox copies of the documents etc., with the court.(9)Register of Commissioner :The court shall maintain a separate register for commissioners appointed under Order XVIII Rule 4 of Civil Procedure Code.] [Substituted by G.O.Rt.No. 1795, Law (LA&JHCB), Dated 20-10-2004. ]
