CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
1209
(2) No such question shall be asked unless the person asking it has reasonable grounds for believing that the imputation which it conveys is well founded.
(3) The Court may forbid any question or inquiry which it regards as indecent or scandalous, although such question or inquiry may have some bearing on the questions before the Court, unless it relates to facts in issue or to matters necessary to be known in order to determine whether or not the facts in issue existed.
(4) The Court shall forbid any question to a witness which appears to it to be intended to insult or annoy, or which, though proper in itself, appears to the Court to be needlessly offensive in form.
342. Where any person who might give evidence in any cause is dead, or insane, or unavoidably absent at the time when his evidence might be taken, or, for any reason considered sufficient by the Court, cannot appear to give evidence in the cause, the Court may, if it thinks fit, receive proof of any evidence given by him in any former judicial proceeding: Provided that the subject-matter of such former judicial proceeding was substantially the same as that of the existing cause, and that the parties to the existing cause were parties to it or bound by it, and in it had cross-examined, or had an opportunity of cross-examining, the witness of whose evidence proof is so to be given.
343. All evidence taken at the trial of any cause may be used in any subsequent proceedings in the same cause.
344. The provisions of Chapters XII and XIII shall, with the necessary modifications, apply in respect of any petition or matter and in respect of the hearing thereof.
CHAPTER XIV.
JUDGMENT.
345. When the cause is tried by the Court with a jury, the verdict shall be recorded and judgment shall be entered up by the Registrar as the Court may direct.
346. (1) When the cause is tried by the Court without a jury, the judgment shall be pronounced in open Court, unless the Court otherwise directs, or it may be read by the Registrar, if so ordered.
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CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
1209
(2) No such question shall be asked unless the person asking it has reasonable grounds for believing that the imputation which it conveys is well founded.
(3) The Court may forbid any question or inquiry which it re- gards as indecent or scandalous, although such question or inquiry may have some bearing on the questions before the Court, unless it relates to facts in issue or to matters necessary to be known in order to determine whether or not the facts in issue existed.
(4) The Court shall forbid any question to a witness which appears to it to be intended to insult or annoy, or which, though proper in itself, appears to the Court to be needlessly offensive in form.
cases of
342. Where any person who might give evidence in any cause Admissibility is dead, or insane, or unavoidably absent at the time when in certain his evidence might be taken, or, for any reason considered sufficient evidence of by the Court, cannot appear to give evidence in the cause, the in former
witness given Court may, if it thinks fit, receive proof of any evidence given by judicial him in any former judicial proceeding: Provided that the subject- H. K. Code, proceeding. matter of such former judicial proceeding was substantially the s. 58. same as that of the existing cause, and that the parties to the existing cause were parties to it or bound by it, and in it had cross-examined, or had an opportunity of cross-examining, the witness of whose evidence proof is so to be given.
343. All evidence taken at the trial of any cause may be used in Use of any subsequent proceedings in the same cause.
344. The provisions of Chapters XII and XIII shall, with the necessary modifications, apply in respect of any petition or matter and in respect of the hearing thereof.
evidence in subsequent proceedings. 0.37 r. 25.
Chaps.'XII apply to hearing of petition.
and XIII to
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CHAPTER XIV.
JUDGMENT.
345. When the cause is tried by the Court with a jury, the verdict shall be recorded and judgment shall be entered up by the Registrar as the Court may direct.
Recording of H. K. Code,
verdict, etc.
s. 67 (1).
ment of
346.--(1) When the cause is tried by the Court without a jury, Pronounce. the judgment shall be pronounced in open Court, unless the Court judgment. otherwise directs, or it may be read by the Registrar, if so ordered. [ib. s. 67 (1).j
Indian Code,
B. 199.
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