rule 16/order xviii - code of civil procedure, 1908

Dr. Shekhar (Querist) 24 September 2015 This query is : Resolved
Rule 16/ORDER XVIII - CODE OF CIVIL PROCEDURE, 1908
Sir, I am foreign citizen of Indian origin. My case is adjourned for next date for ex parte divorce witness and evidences and which in this case is only myself.

Now can I apply under above rule since I need to leave India? Do i need to first apply to the District family court or direct to the HC under above rule?

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SAINATH DEVALLA (Expert) 24 September 2015
16. Power to examine witness immediately.- (1) Where a witness is about to leave the jurisdiction of the court, or other sufficient cause is shown to the satisfaction of the court, why his evidence should be taken immediately, the court may, upon the application of any party or of the witness, at any time after the institution of the suit, take the evidence of such witness in the manner hereinbefore provided.

(2) Where such evidence is not taken forthwith and in the presence of the parties, such notice as the Court thinks sufficient, of the day fixed for the examination, shall be given to the parties.

(3) The evidence so taken shall be read over to the witness, and, if he admits it to be correct, shall be signed by him, and the Judge shall, if necessary, correct the same, and shall sign it, and it may then be read at any hearing of the suit.

U HAVE TO SATISFY THE COURT WITH VALID REASONS FOR LEAVING THE COURT,ITS THE DISCRETION OF THE COURT

Guest (Expert) 24 September 2015
Mr.Sainath Ji The Author is the Same Person who had posted the Query "lawyer threatening to with draw the case' the thread deleted by LCI and now the author had come with a new name.

SAINATH DEVALLA (Expert) 24 September 2015
Whether Singh is king or not,Gentleman querist,have U made it a habbit of playing and riddling with the legal experts.