UPHJS2018-II
Pre. Exam

96. The Commissioner appointed under the provisions of Order XVIII of the Code of Civil Procedure for the purposes of recording of evidence cannot :
(a) re-examine a witness
(b) decide objections raised during the recording of evidence
(c) None of the above
(d) Both (a) and (b)

Answer and Notes Answer is B



Explanation: Order 18 Rule 4(2) of Code of Civil Procedure provides that the evidence (cross-examination and re-examination) of witness whose examination-in-chief by affidavit has been furnished shall be taken either by the Court or by the Commissioner appointed by it. Further, proviso to Rule 4 (4) states that any objection raised during recording of evidence before the Commissioner shall be recorded by him and decided by the Court at the time of arguments.

UPHJS2018-2
Pre. Exam

21. The Commissioner appointed under the Provisions of Orders 18 of the Code of Civil Procedure for the purposes of recording of evidence cannot :
(A) re-examine a witness
(B) decide objections raised during the recording of evidence
(C) none of the above
(D) both (A) and (B)

Answer and Notes Answer is D