Particular attention is called to the proviso to Rule 1 of the Order XVII. This contains a mandatory provision of law that the recording o evidence must be continued from day to day until all the witnesses in attendance have been examined, unless an adjournment bey on e following day is found necessary, in which case specific reasons must be recorded in the order-sheet. The High Court attaches great importance to compliance with this rule and District Judges should be vigilant to see that it is being followed and to check any departure from it.Note. - The fact that another case or other cases are fixed for the following day is not a sufficient reason for adjournment to a day beyond the following day. The other cases should be adjourned. The practice of making an ostensible compliance with the rule requiring the taking up an evidence case from day to day by devoting only a small portion of each day to the matter is objectionable.No. 10620-III-I-5-57, dated 26-10-1961, Published in M.P. Rajpatra Part IV (Ga), dated 10-11-1961 at page 942. - In exercise of the powers conferred by Article 227 of the Constitution of India, read with Section 23 of the Madhya Pradesh Civil Courts Act, 1958 and all other powers enabling, and in supersession of the existing rules in force in Civil Courts in any part o the Madhya Pradesh on the concerned subject, following Rules relating Preparation for Trial, Framing of Issues and Recording of Evidence judgement, Decrees and Costs, Execution of Decrees, Commissions, Incidental Proceedings and Appeals and Remands have, with the previous approval of the Governor, been made by the High Court of Madhya Pradesh, Jabalpur, and were published for general information.
