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CS Executive · Jurisprudence, Interpretation and General Laws · Law relating to Civil Procedure

A civil court in Pune is hearing a suit for recovery of money. During the trial, the presiding Judge feels that the presence of the general public may disturb the recording of sensitive business evidence. Under the Code of Civil Procedure, 1908, which statement is correct?

A civil court is deemed open to the public, but the presiding Judge may, at any stage of a trial, order that the public generally or any particular person cannot enter or remain in the court room or building. Party consent is not required.

  1. AThe Judge may, at any stage of the trial, order that the public generally or any particular person shall not have access to the court room or buildingCorrect
  2. BThe Judge can exclude the public only after the judgment has been pronounced
  3. CThe Judge has no power to exclude anyone because a civil court is always an open court without exception
  4. DThe Judge can exclude the public only with the written consent of both parties

Explanation

Section 153B deems the place of trial an open Court, but its proviso lets the presiding Judge, if he thinks fit, order at any stage of an inquiry or trial that the public generally or any particular person shall not have access. The option claiming no exception ignores this proviso. No consent of parties is required.

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