In the Code of Civil Procedure, examination of witnesses is enumerated in Order 18 of Rule 4 to 16 specifies that –
“The examination of a witness by the party who calls that witness is called the Examination-in-Chief. The examination is only confined to relevant facts and leading questions are not asked. The objective of this examination is to induce all material facts from the witness within the witness’s knowledge referring to the party’s case. It is the duty of the counsel to bring out neatly and in proper chronological order every relevant fact supporting his client’s case to which the witness can depose. The statements made in examination-in-chief lose much credibility and weight unless they are put into the crucible of cross-examination and emerge unscathed from the rest”.
The Provisions of Order 18 Rules 1 and 2 of the Code of Civil Procedure, 1908 (“CPC”) envisages the order of examination of witnesses and the right to begin. The witness can be examined in chief by way of his affidavit, thereafter he can be cross-examined. After completion of cross examination, if there are any aspect that are required to be clarified or any ambiguity that is required to be ruled out, the witness may be subjected to re-examination.
The right to begin and the question for leading evidence, can be found from Order 18, Rule 1, CPC. Order 18 Rule 1 states that “The Plaintiff has the right to begin unless the Defendant admits the facts alleged by the Plaintiff and contends that either in point of law or on some additional facts alleged by the Plaintiff, the Plaintiff is not entitled to any part of the relief which he seeks, in which case the Defendant has the right to begin.”
Order 18 Rule 2 CPC, would make it clear that the party having the right to begin shall state his case and produce his evidence in support of the issues, which he is bound to prove.