1937_CODE_OF_CIVIL_PROCEDURE_ORDINANCE — Page 85

CODE OF CIVIL PROCEDURE.

No. 3 of 1901.

779

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.

any

in certain cases of

witness

evidence of given in former judicial proceeding. H.K. Code,

342. Where any person who might give evidence in any Admis cause is dead or insane or unavoidably absent at the time when sibility

for or, his evidence might be taken

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 sub- stantially 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.

s. 58.

Use of

evidence in subsequent proceedings. 0. 37, r. 25. Chaps. XII

and XIII to apply to hearing of petition.

345. When the cause is tried by the court with a jury verdict shall be recorded and judgment shall be entered up the Registrar as the court may direct.

the

by

Recording of verdict, etc.

H.K. Code, s. 67 (1).

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.

(2) A judge may pronounce a judgment written by his pre- decessor or colleague but not pronounced.

Pronounce- ment of judgment. H.K. Code,

s. 67 (1). Indian Code, s. 199.

347. If the judgment of the court is reserved at the trial, the Reserved court shall either then or on some subsequent day cause the judgment.

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