Section 77 in Standing Order No. 2 Of The Financial Commissioner Himachal Pradesh
77. Court to note when each party has closed his case.
- It is frequently urged in appeals that a party has had a witness in attendance of whom the lower court has omitted to examine. It is often impossible to ascertain from the record whether this is the case and it would be equally impossible to ascertain it by a remand. It is, therefore, directed that, as regard both plaintiff and defendant, when the examination of the last witness produced in Court by either party is closed such party shall be distinctly asked if he has more witnesses to produce; that the question, and reply shall be noted on the record, and that if more witnesses are named, the Court shall either examine them or record its reasons for not doing so. If either party stated that he desires additional witnesses to be summoned, the Court should record the fact of the application and pass an order thereupon.
