LAW OF EVIDENCE 641
On the other hand if the witness was required to give his testimony in the form of answers to questions, two objects will be achieved:—
(i) his testimony could be made to confine to relevant matters only not being permitted to wander and
(ii) the Court can immediately check and rule out the introduction of irrelevant testimony.
With regard to the examination of witnesses, there are two questions which are distinct and which are regulated by different law. The order in which parties are to produce their witnesses for examination, and the course of Examination to which each witness is to be subjected when he is produced before the Court, are two separate questions.
Sections 135,138
The order in which witnesses are to be produced by the parties is a matter which is regulated by the Civil and Criminal Procedure Codes. While the course of examination to which a witness is to be subjected, when produced, is laid down by the Evidence Act.
§ Order of Production of Witnesses
- In Civil cases In Criminal cases Order XVIII Rule 1. Summons cases 224 Cr. P. C. Warrant cases 252
254
257 Summary cases. 262
Rule seems to be this.
The first question to be determined is who has the right to begin.
The right to begin depends upon on whom is the burden of proof.
§ Course of Examination
- The Course of examination of a witness prescribed by the Evidence Act is to consist of 3 parts.