AIR 1918 CALCUTTA 289(2) ::1918 Cri LJ(2) 498 (CAL) ::AIROnline 1918 Cal 122 ::(1918) 22 Cal WN(81) 646 ::1918 (22) Cal WN 646 ::(1918) 27 Cal LJ(79) 377 ::1918 ILR (45) CAL 825 ::(1918) 45 Ind Cas 258

Calcutta High Court

Hon'ble Judge(s): Richardson, Beachcroft , JJ

Civil P.C. (5 of 1908) , O.18 R.5— Non-compliance with provision of R.5 does not make depositions entirely inadmissible - Object of provision is to ensure accuracy - Diposition not read over to witness is admissible in evidence - Evidence Act (1 of 1872) , S.80— The provision in O.18, R. 5 Civil P.C., requiring a deposition to be read over to the witness is in its nature directory; noncompliance with it does not make the deposition entirely inadmissible in evidence (even in a prosecution for perjury in respect of the deposition) and the deposition can be proved in some way other than by calling in aid the provisions of S. 80, Evidence Act :Per Beachcroft, J. - The object of the provision of R.5 O.18, Civil P.C., requiring a deposition to be read over to a witness is to ensure accuracy. Non-compliance with it may create doubts as to whether the record correctly represents what the witness said, but it cannot affect the admissibility of the document in evidence if the making of the document is otherwise proved.