(1) The concerned party shall
cause the attendance of any witness of each case filed in the court on
the day appointed by the court.
(2) Notwithstanding anything contained in sub-section (1),
if, in any specific case in which the defendants are in attendance at
the time when the case is filed, the plaintiff or the defendant or both
may produce their respective evidence of witness before the court at
the time of filing of the case.
(3) In producing a witness pursuant to sub-section (1) or
(2), the concerned investigating authority or his or her office shall
produce the witness of prosecution in any case under Schedule-1 or
Schedule-2, through the government attorney office.
(4) The evidence of a witness who fails to appear on the
date appointed for appearance for the examination of witness
pursuant to sub-section (1) shall not be taken into the case.
Provided that if the witness fails to appear owing to a force
majeure event and the party makes a petition setting out the matter,
the court may appoint another date for appearance for the
examination of such witness.
(5) If the process of examination of witness has not begun
by the reason that all defendants to any case set forth in Schedule-1
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or Schedule-2 of this Act are not present, any party may, showing
that the production of witnesses cannot be enforced subsequently if
they are not produced immediately, request that such witnesses be
produced immediately and their depositions recorded.
(6) If a request is made pursuant to sub-section (5) and such
reason is reasonable, the court may, assigning the reasons for the
same, take deposition of such witness immediately.
(7) The party and opposite party to a case in attendance
shall be allowed to make cross-examination of the deposition made
by the witness pursuant to sub-section (6), and if there does not exist
such situation, the party in attendance subsequently may make
rebuttal subsequently only to the extent of the contents of the
deposition.