PART G SPECIAL RULES OF PROCEDURE IN ORIGINALCIVIL CASES.
(a) Evidence.
1. (i) When, at the first or at any subsequent hearing of a suit, any party appearing in person or present in Court, or any person able to answer any material question relating to the suit by whom such party or his pleader is accompanied, is examined by the Court, the substance of such examination shall be reduced to writing by the Judge and shall form part of the record; the substance of what each witness deposes shall similarly be reduced to writing by the Judge, and shall form part of the record: Provided that the Judge may, if he thinks proper, direct the substance of the examination or the evidence to be recorded in shorthand by an officer of the Court or other person specially appointed for the purpose. In the latter case, the transcript of the shorthand shall be corrected and signed by the Judge and then placed on the record.
(ii) In a suit tried in the High Court by a Bench of two or more Judges the evidence may be recorded by any one Judge. The Judge recording the evidence shall dispose of all objections of whatever nature regarding the relevancy or admissibility of evidence unless he, in his discretion, considers that any objection or objections may be referred to the Bench for decision.
2. If the Judge who has recorded evidence or caused it to be recorded in his presence, under these rules, dies or ceases to be attached to the Court before the conclusion of the suit, the Judge before whom the suit is continued may, if he thinks fit, deal with the evidence so recorded as if it had been recorded by himself or in his presence.
(b) Judgment and Orders.
3. Judgments may be written by the Judge in Urdu or English or delivered orally, and in the latter case a note thereof in writing in Urdu, English, or shorthand, shall be taken by an officer of the Court in attendance for the purpose. The note so taken shall be written out or typed in full by the officer by whom it was taken, and shall be submitted by him to the Judge for correction. After being corrected by the Judge, where necessary, it shall be filed as the judgment of the Court.**
4. The judgment shall contain a concise statement of the case, the points for determination, the decision thereon and the reasons for such decision. When issues have been framed, the finding or decision of the Court upon each separate issue shall be stated, with the reason therefor, unless the finding upon any one or more of the issues be sufficient for the decision of the suit.
5. Judgment shall be delivered in open Court, either at the close of the case or on some future day, of which due notice shall be given to the parties or their counsel.
6. When a case has been heard by a Bench of the Court, the written opinions of the Judges who heard the case, but who have ceased to be attached to the Court before delivery of judgment, shall, unless delivered by another Judge of the Bench which heard the case, be deemed to be minutes merely and not judgments.
7. When a party to the suit dies after the last hearing, but before delivery of judgment, the Court may order the judgment to bear the date of the last hearing.
8. A memorandum of appeal in a case in which judgment has been delivered orally, shall be received and filed without a copy of the judgment.
9. When an order is made in Court or in chambers, a note of its purport shall be made and signed by the Judge or Judges making the order; and if the order disposes of a petition, the reasons for making it shall be stated.
10. When a suit is allowed to be withdrawn with leave to bring a fresh suit, the order shall be drawn up so as to make the payment of the costs of the first suit a condition precedent to the plaintiff bringing a fresh suit, unless the Court or the Judge who gave permission shall otherwise direct.
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