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Criminal Procedure Code QUESTION #9513
Question 1
A and B are parties to a civil suit. After the Court records evidence and hears arguments, it reserves judgment. Before pronouncing judgment, the presiding Judge is transferred. The new Judge wants to rehear the case from the beginning. A objects. Is the new Judge entitled to rehear the case from scratch?
  • No; only the original Judge can pronounce judgment
  • Yes; a new Judge must always start the trial afresh
  • Yes; all evidence must be re-recorded before the new Judge
  • No; the new Judge may pronounce judgment on the basis of the evidence recorded by his predecessor, though he may in his discretion rehear any part if he considers it necessary for justice✔️
Correct Answer Explanation
Order XVIII Rule 15 CPC provides that where a Judge is succeeded by another and the case has been partly heard, the new Judge may act on the evidence already recorded, though he may re-examine any witness if necessary. The case need not be reheard from the beginning unless the new Judge considers it essential for proper adjudication.