You can insist for transalation
Q1: In a Civil Suit, after the plaintiff provides the evidence (ie., presents his case to the judge and it is recorded), what occurs as the next stage in th process, 'cross-examination of the plaintiff' or the 'cross-examination of defendant', which comes first? (Note: There are no witnesses in the trial, only plaintiff (me) and two defendants)
Q2: I am appearing party-in-person (as plaintiff) for a case before a quasi-judicial body. The chairperson insists on recording the evidences in Tamil eventhough I asked it to be taken in English. I would like to know what is the current scenario in lower courts and quasi-judicial bodies in Tamil Nadu state with regards to the language to be used in recording evidence in the proceedings? Can Order 18, Rule 9 of the CPC ('When evidence may be taken in English') be cited to the Chairperson to have the evidence taken down in English. Please clarify in detail.First answer received in 10 minutes.
Lawyers are available now to answer your questions.
Please clarify Q1 also in detail.
Once the plaintiff examines himself as plaintiff side witness No.1 by filing proof affidavit and gets the documents marked as exhibits, the defendant will be given chance to cross examine the witness.
The defendant has a right to cross examination of the plaintiff side witness(PW1).
Order XVIII Rule 9 of the Code of Civil Procedure (CPC) allows the judge to record evidence in English, even if it's not the court's official language, if no party or their pleader objects to it.
The core of this rule is the consent of all parties involved in the suit.
The judge has the authority to decide whether to take down the evidence in English, or have it done by someone else, discretionary powers.
This rule is relevant in situations where the official language of the court differs from English, but the parties to the case agree to have the evidence recorded in English to streamline the proceedings.
You can file a petition under the said provisions of law seeking permission of court to accept your evidence in English, let the respondents record their objections and the court will decide petition on merits.
You, as the plaintiff, first present your own evidence — either by filing an affidavit in evidence (under Order 18 Rule 4 CPC) and/or by giving oral evidence before the court.
The affidavit/evidence is formally taken on record by the court.
Next, the defendant(s) get the right to cross-examine you (the plaintiff) on your evidence.
This is because the burden of proof lies first on the plaintiff, and therefore the defendants are given the opportunity to test your evidence through cross-examination.
So, the cross-examination of the plaintiff comes immediately after the plaintiff’s examination-in-chief (your evidence) — before any evidence from the defendants is taken.
Let us go step by step so that you get a complete understanding of the procedure and the correct legal position in both your questions.
For your first question:
In a civil suit, the process of evidence is governed by Order 18 of the Code of Civil Procedure, 1908. Once the plaintiff’s evidence is completed, the next stage is the cross-examination of the plaintiff by the defendant. The sequence is as follows:
First, the plaintiff, being the party who has filed the suit, leads his evidence — that is, he files his examination-in-chief (either orally or through affidavit under Order 18 Rule 4 CPC) and produces any documents he relies upon. After this, the defendants or their advocates have the right to cross-examine the plaintiff on that evidence.
Only after the plaintiff’s evidence and cross-examination are fully completed, does the defendant’s turn come to present his own evidence and documents in defence. Then, the plaintiff or his advocate can cross-examine the defendant.
So, in short, the cross-examination of the plaintiff comes first. The defendant’s cross-examination happens later, only after the plaintiff’s side has completely closed its evidence.
Now, regarding your second question about language of recording evidence in Tamil Nadu:
Under Section 137 of the Code of Civil Procedure and Sections 272 to 277 of the Code of Criminal Procedure (which are sometimes followed by quasi-judicial bodies for guidance), the language of the court is usually the language of the State as notified by the High Court. In Tamil Nadu, the prescribed language of the subordinate civil courts and most quasi-judicial authorities is Tamil. Therefore, as a rule, evidence is recorded in Tamil.
However, Order 18 Rule 9 of the CPC specifically provides that when the judge or presiding officer is sufficiently conversant with English, and both parties agree, the evidence may be taken down in English. The exact wording of the rule gives a discretionary power to the court — it says the evidence may be taken down in English if the court so directs.
This means you can request that your evidence be recorded in English, especially since you are appearing in person and wish to express yourself clearly. You can make a written application or oral submission citing Order 18 Rule 9 CPC, stating that you are more comfortable in English and that it would ensure accuracy in the record of proceedings. However, the final decision still rests with the presiding officer or chairperson.
In practical terms, in Tamil Nadu, most subordinate civil courts and quasi-judicial bodies like District Consumer Commissions, RERA authorities, or similar tribunals, generally record evidence in Tamil, unless both sides and the officer agree to use English. The High Court of Madras and some tribunals such as the Debts Recovery Tribunal, NCLT, and Central Administrative Tribunal record evidence and proceedings in English.
So, yes, you can cite Order 18 Rule 9 CPC to the Chairperson to request recording in English, but if the chairperson insists on Tamil, you can at least request that your deposition and written statements in English be annexed to the record so that your exact words are preserved. You can also request that any translation made into Tamil be shown to you for confirmation before signing or attesting, to ensure that the translation correctly reflects your statement.
In summary, the legal position is that while Tamil is the normal language of lower courts and quasi-judicial bodies in Tamil Nadu, Order 18 Rule 9 CPC allows the evidence to be taken in English if the presiding authority agrees. You can rely on this rule to make your request formally, and ensure that your statements in English are recorded or attached as part of the official record.
Civil Procedure Code, 1908 procedure…
In quasi judicial proceedings strict procedure of Civil Procedure Code, 1908 is not followed. Only rules of natural justice are applied. Evidence is recorded preferably in the language of witness. Chairperson has power to enforce deposition in local language irrespective of provision of Civil Procedure Code, 1908.
Cross of plaintiff cones first
2) court should consider your request
3) taje the plea that you are not fluent in Tamil and hence evidence be recorded in English
1. After examination-in-chief of the plaintiff, cross-examination takes place, followed by re-examination, if necessary.
2. If you know Tamil, it's better to follow the tribunal's order.
1. Since the case already admitted by the court, then defendant will be given time to file its reply of your petition.
- Further, the Court will frame issues of the case, and firstly the Plaintiff will be given opportunity to produce the evidence, and after that the defendant will produce its evidence
2. If the local language already accepted by that Court then evidence can be recorded in that language. However legally you have right to move an application under the said provision for conducting cross examination in English.
In a civil suit, once the plaintiff has completed presenting evidence—meaning the plaintiff’s examination-in-chief has been recorded—the next step is the cross-examination of the plaintiff by the defendant. This follows the sequence laid down in the Code of Civil Procedure (CPC). The process begins with the plaintiff presenting his case and giving his evidence (Order 18 Rule 2 CPC). Once the plaintiff’s testimony is given, the defendant has the first right to cross-examine the plaintiff to test the truth and reliability of his statements. Only after the plaintiff’s cross-examination (and any re-examination, if required) is completed does the defendant begin to present his own evidence, which is then subject to cross-examination by the plaintiff.
In your situation, since there are no witnesses apart from yourself as the plaintiff and two defendants, your examination-in-chief comes first, followed by cross-examination by the defendants. Each defendant or their counsel will have the opportunity to cross-examine you in turn. After that stage is complete, the defendants will present their side of the case and give their own evidence, which you may then cross-examine.
Regarding the question of language in Tamil Nadu, the general rule is that Tamil is the official language of the subordinate courts in the state, but the CPC allows flexibility. Under Order 18 Rule 9 of the CPC, where English is commonly used in courts, the judge may record evidence in English if considered appropriate. The rule gives the court discretion to take down evidence in English, but it is not an absolute right. In Tamil Nadu, by government orders and High Court notifications issued in the early 1980s, Tamil was declared the language of the record in all subordinate courts, except for the High Court, where English continues to be used.
That said, English is still widely used in pleadings, written arguments, and many quasi-judicial forums, particularly in urban areas like Chennai, Coimbatore, and Madurai. In quasi-judicial forums such as consumer commissions, RERA authorities, or labour tribunals, there is no fixed rule mandating Tamil only. The presiding officer generally allows proceedings in English if the party requests it and if pleadings and documents are already in English.
You can cite Order 18 Rule 9 CPC and also rely on Articles 348(1)(b) and 350 of the Constitution. Article 348 allows English to be used in High Court and connected proceedings, and Article 350 ensures that any person can submit representations in any language used in the Union or the State. You can respectfully request that your evidence be recorded in English since your pleadings and documents are already in that language and because you are more comfortable giving evidence in English.
If the Chairperson insists on using Tamil, you can request that your English version be recorded with a Tamil translation appended to the record. This is a practical compromise often followed in state tribunals. You should file a short written request or memo addressed to the Chairperson, citing Order 18 Rule 9 CPC and explaining that English is commonly used before similar forums in Tamil Nadu, that your pleadings are in English, and that you would prefer your evidence to be recorded in the same language.
In summary, after the plaintiff gives evidence, the plaintiff is cross-examined by the defendant before the defendant presents his own case. In Tamil Nadu, Tamil is the official language for recording evidence in subordinate courts, but quasi-judicial authorities can use English where appropriate. You are legally entitled to request that your evidence be recorded in English under Order 18 Rule 9 CPC, and the Chairperson has the discretion to allow it, particularly if it ensures clarity and consistency with the rest of the proceedings.
After plaintiff presents evidence, the DEFENDANT cross-examines the PLAINTIFF first.
Correct Order:
Plaintiff examines himself (files proof affidavit, marks documents as exhibits)
Defendant cross-examines plaintiff (immediate right after plaintiff's evidence)
Defendant presents his evidence (examination-in-chief)
Plaintiff cross-examines defendant (after defendant's evidence)
Legal Basis: Order 18 Rules 1-2 CPC - Plaintiff has right to begin, but defendant has immediate right to cross-examine plaintiff's evidence before presenting own case. Even in ex-parte proceedings, defendant retains right to cross-examine plaintiff.
Order 18 Rule 9 CPC can be cited, but requires ALL parties' consent.
Legal Position:
Tamil is official court language in Tamil Nadu
English recording possible only if "all parties appearing in person and their pleaders" do not object
Judge has discretionary power to allow English recording with unanimous consent
Practical Strategy:
File formal application under Order 18 Rule 9 citing the provision
Let defendants record objections if any
Court decides on merits - if defendants object, Tamil recording mandatory
Alternative: Request simultaneous translation of Tamil proceedings to English
Reality Check: Without defendants' consent, Tamil recording is mandatory in Tamil Nadu quasi-judicial bodies. Order 18 Rule 9 cannot override this if parties object.
Recommendation: File the application but prepare for Tamil proceedings as defendants may object to delay tactics.
Q1:
After the plaintiff’s evidence is filed or recorded, the next step is the cross-examination of the plaintiff by the defendants. Only after that is completed will the defendant’s evidence and their cross-examination take place.
Q2:
In Tamil Nadu, Tamil is the official language for recording evidence in subordinate courts and tribunals under the Tamil Nadu Official Language Act, 1956 (Sec. 4-A). However, under Order 18 Rule 9 CPC, evidence may be recorded in English if all parties consent and the presiding officer permits it.
You can request on record that evidence be taken in English under Order 18 Rule 9 CPC and seek the defendants’ consent. If they or the Chairperson object, ask that your request and objection be noted, and request an English translation for record or appeal purposes.
1.
In a civil suit, the procedure under CPC for evidence is as follows:
Plaintiff’s Evidence-in-Chief:- The plaintiff first presents their evidence and it is recorded by the court. This includes your statements, documents, and any oral evidence.
Cross-Examination of Plaintiff :- After the evidence-in-chief, the defendant(s) have the right to cross-examine the plaintiff. This is mandatory if they wish to challenge or test your evidence.
Defendant’s Evidence-in-Chief :-Only after the cross-examination of the plaintiff is complete, the defendant presents their evidence, if any.
Cross-Examination of Defendant :- After the defendant gives evidence, the plaintiff (or plaintiff’s advocate) may cross-examine the defendant.
The cross-examination always follows immediately after the evidence-in-chief of that party. So for your situation: since there are no witnesses and you are the plaintiff, the defendants will cross-examine you first after you present your evidence. Only after that do the defendants present their evidence, if any, and you may cross-examine them.
2.
General Principle:- Under Section 28 of the General Clauses Act, 1897 and as per Order 18, Rule 9 CPC, evidence in civil proceedings may be taken in English, Hindi, or the official language of the State. In Tamil Nadu, the official language is Tamil.
Lower Courts and Quasi-Judicial Bodies:
In District Courts, Subordinate Courts, and quasi-judicial bodies in Tamil Nadu, Tamil is the default language for all proceedings.
Parties can request evidence to be taken in English, especially if documents, pleadings, and submissions are in English, but it is subject to the discretion of the presiding officer.
Practically, many quasi-judicial bodies insist on Tamil to maintain official record uniformity.
Citing CPC: You can cite Order 18, Rule 9 CPC, which states:
"The evidence may be taken in English or in the official language of the State or of the territory in which the Court is situate…”
However, the Chairperson is not bound to accept English, especially if the body functions primarily in Tamil. You can formally request it, but the final decision rests with the Chairperson.
Dear Client,
Q1: After the plaintiff presents evidence in a civil suit (examination-in-chief), the next stage is the cross-examination of the plaintiff witness by the defendant(s). The defendant(s) get the opportunity to question the plaintiff on the evidence presented. Only after this can the plaintiff have the opportunity for re-examination if needed. So, cross-examination of the plaintiff occurs first before any examination or cross-examination of the defendant’s evidence begins. This is in line with Order 18 Rules 1 and 2 and Section 138 of the Indian Evidence Act.
Q2: Regarding language of evidence recording in Tamil Nadu lower courts and quasi-judicial bodies, the general practice is to record in the official/state language which is Tamil in Tamil Nadu. However, under Order 18 Rule 9 of CPC, evidence may be taken in English if allowed by the court or tribunal. This can be cited to the Chairperson to request recording in English, but the final decision depends on the rules and discretion of the particular forum. Many quasi-judicial bodies follow the official state language but may allow English on request or for convenience of parties. It is appropriate to respectfully cite Order 18 Rule 9, emphasizing that English is one of the official languages of India and seeking accommodation for ease of proceedings
I hope this answer helps. For any more queries, do not hesitate to contact us.
What procedure does Mental Health Review Board consttuted by Mental Health Care Act,2017 (Chapter XI) adhere to for its hearings/proceedings? The Mental Health Care Act doesn't seem to specify anything regarding this. The Central Mental Health Authority Regulations (2020), Sec 16(9) just mentions one line that "for the purpose of enquire, the Board shall comply with the basic principles of natural justice and shall ensure informed participation of the persons". I am appearing party-in-person (as plaintiff). A detailed clarification as to what procedure MHRB adopts will be useful for better understanding.
Basis principles of natural justice is no person shall be condemned unheard
you should be granted an opportunity to present your case
order should be passed after personal hearing
In an enquiry proceedings, the board will first hear the complainant, scrutinize the documents produced by the complainant and will ascertain if the complainant is proper on the basis of valid and authentic evidences submitted along with the complaint.
The board will certainly follow the principles of natural justice.
Q1: Cross-Examination Sequence
After plaintiff presents evidence, defendant cross-examines plaintiff first. Order: (1) Plaintiff examination-in-chief, (2) Defendant cross-examines plaintiff, (3) Defendant presents evidence, (4) Plaintiff cross-examines defendant.
Q2: Language in Tamil Nadu Courts
Order 18 Rule 9 CPC allows English recording only if all parties consent. Without defendants' agreement, Tamil recording is mandatory in Tamil Nadu courts. File application citing Rule 9, but prepare for Tamil proceedings if defendants object.
Q3: Mental Health Review Board Procedure
MHRB follows judicial proceedings under Mental Health Care Act 2017, Section 78. Key features:
In camera hearings
90-day disposal limit for general applications
Natural justice principles apply
Legal representation allowed
No adjournments ordinarily granted
Decisions communicated within 5 days.
The Mental Health Review Board (MHRB) functions as a quasi-judicial body following a summary procedure based on the principles of natural justice, as outlined in Section 16(9) of the Central Mental Health Authority Regulations, 2020. It does not strictly follow the Civil Procedure Code or the Evidence Act. Proceedings generally involve filing an application, issuing notices, submitting documents, conducting a fair hearing (where parties can appear in person), and delivering a reasoned written order. The Board ensures informed participation, confidentiality, and impartiality while taking decisions in a non-adversarial manner.
I am the plaintiff (appearing party-in-person) in a quasi-judicial body hearing. My (plaintiff's) Examination-in-chief happenend without proper intimitaion and when I wasn't ready during the previous hearing. My cross-examination has not yet happened. I would like to add few more points to what I said during the chief examination. Can I ask my (plaintiff's) examination-in-chief be asked to re-held citing the aforementioned reasons (that it was taken without providing proper intimation to me) or is there (or what is) the way to add additional points to my examination-in-chief? Can I ask for it during the next hearing before my (the plaintiff's) cross happens?
You cannot ask for re-examination of your own evidence.
Whether you are prepared or not, it is your case so you should know the facts, therefore it is construed that whatever you deposed as chief evidence was on the basis of the pleadings made in the complaint.
You cannot say that you do not know what you have pleaded in your complaint and that the the oral chief evidence deposed by you contradicts your pleadings averred in the complaint.
Yes, you can request it. Since your cross-examination has not yet started, you may file a written application before the quasi-judicial body explaining that your examination-in-chief was recorded without proper intimation and you were unprepared. You can seek permission either to reopen or recall your examination-in-chief or to submit an additional affidavit or statement to include the omitted points. Quasi-judicial bodies are flexible and guided by the principles of natural justice, so they generally allow such requests if made before cross-examination begins.
Q1 — Sequence after plaintiff’s evidence:
Defendant cross-examines the plaintiff first; only after that does the defendant lead his own evidence, which you then cross-examine. (CPC Order 18 Rules 1–2).
Q2 — Language for recording evidence in TN:
Tamil is the default language in subordinate courts/tribunals in Tamil Nadu. Evidence may be recorded in English only if all parties (and pleaders) do not object, per CPC Order 18 Rule 9; otherwise Tamil prevails. You can apply under O18 r.9, but if the other side objects, the forum can insist on Tamil. (Also see TN Official Language Act, 1956 provisions for courts/tribunals).
If your chief was taken without proper intimation and you want to add points (before cross):
File an application to reopen/recall for limited further examination-in-chief before cross-examination begins, invoking CPC O18 r.17 (court’s power to recall) read with S.151 CPC (inherent powers). Explain lack of notice/prejudice (see O18 r.4(2) on giving notice if evidence isn’t recorded forthwith). Courts allow this to clarify and avoid injustice—not to fill gaps—so keep it narrow and attach a short supplementary affidavit.
After the cross-examination of the plaintiff by the other side counsel, the plaintiff's counsel can re-examine the plaintiff to bring out clarity over certain points with the leave of the court.
- If you have already filed the Evidence affidavit and after admitting the same , further date is given for the cross examination , then you can disclose that information during the cross examination
Is it compulsory/necessary that the evidences (like audio/video recordings, text messages etc.,) or reports or plaintiff side's witnesses, if any, that the plaintiff relies upon be submitted at (or immediately after) his/her examination-in-chief? Can they (evidences/witnesses/reports) be submitted at a later stage when it necessitates? Say for eg., can we submit or produce them during/after the defendant's/respondent's cross-examination based on their deposition, if the need arises? (Civil/Tribunal Case)
You have to submit your compilation of documents ,list of documents relied upon when you file case
Affidavit of evidence in examination in chief should refer to said documents
you cannot submit it at later stage
you can confront defendant with said documents during cross examination
Normally, all evidence (documents, audio/video, messages, reports, and witnesses) must be filed with or immediately after your examination-in-chief, as per Order 18 Rules 2–4 CPC.
However, additional evidence can be allowed later only if the court or tribunal grants permission under its discretionary powers (such as Order 18 Rule 17 or Section 151 CPC)—for example, if the material was not available earlier or became necessary due to the defendant’s later deposition.
So, not compulsory, but delayed submission requires a formal application and valid justification.
All the evidences you rely upon are to be filed along with your chief affidavit/examination.
If you do not file the documentary evidences during your chief examination then you have lost the chance of exhibiting your evidences in your support.The court may not allow you to file the documents at a later stage without your witness evidence is reopened with the leave of court
Yes, it is generally compulsory that all evidence such as audio/video recordings, text messages, reports, and witness details that the plaintiff relies upon be submitted along with or immediately after the examination-in-chief. This is required under Order 7 Rule 14 and Order 18 Rule 4 of the CPC, so the defendant has a fair opportunity to cross-examine based on the same.
However, if new facts emerge later for example, during or after the defendant’s cross-examination you may still seek permission from the court or tribunal to produce additional evidence at that stage. Such permission is granted only if you show valid reasons for not filing the evidence earlier and if it doesn’t unfairly prejudice the defendant.
In short, evidence should normally be filed with the plaintiff’s chief examination, but later submission is permissible with leave of the court or tribunal and proper justification.
- If both parties crossed examination already completed, then you cannot produce the same on rebuttal.
- However, you can produce the same at any stage after moving an application before the Court , if it is mandatory for the said case.
What procedure does Mental Health Review Board consttuted by Mental Health Care Act,2017 (Chapter XI) adhere to for its hearings/proceedings? The Mental Health Care Act doesn't seem to specify anything regarding this. The Central Mental Health Authority Regulations (2020), Sec 16(9) just mentions one line that "for the purpose of enquire, the Board shall comply with the basic principles of natural justice and shall ensure informed participation of the persons".I am appearing party-in-person (as plaintiff). A detailed clarification as to what procedure MHRB adopts will be useful for better understanding.
Here is a detailed clarification of what you can expect in terms of procedure before a Mental Health Review Board (MHRB) under the Mental Healthcare Act, 2017 (MHCA) — along with how you as a party-in-person (plaintiff) should prepare. Because the Act and Regulations contain only high-level procedural mandates, some aspects will depend on State-specific rules or practice, so you should check for your State’s MHRB rules—but the following gives you the core framework and practical expectations.
Key statutory/ regulatory provisions
The MHCA (Chapter XI) provides for constitution of MHRBs by the State Authority. (indiacode.nic.in)
Section 77 of MHCA: Any person with mental illness (PMI), or nominated representative, or NGO representative (with consent) can apply to the Board for redressal of rights violations. (indiacode.nic.in)
Section 80 MHCA: Time-bound disposal of certain applications by the Board (though detailed timelines are not exhaustively spelled out). (indiacode.nic.in)
The Central Mental Health Authority (CMHA) Regulations, 2020 (for central domain) in Regulation 16(9) say:
“for the purpose of enquiry, the Board shall comply with the basic principles of natural justice and shall ensure informed participation of the persons.” (thc.nic.in)
The Rules: The Mental Healthcare (Central Mental Health Authority and Mental Health Review Boards) Rules, 2018 provide certain procedural directions such as forms, notices, and application procedure for the Board. (mohfw.gov.in)
Important practical / procedural features you should know
Since detailed rules for hearing procedure are not fully uniform across States, these are what you can reasonably expect. Use these to prepare.
Jurisdiction & application
The MHRB will have jurisdiction over complaints/applications under MHCA from persons with mental illness or their nominated representatives (or NGOs with consent). (Sect 77)
There is typically no fee for filing an application to the Board. (mhca2017.com)
The application should contain details: name, contact, mental health establishment (MHE) or other place of violation, details of grievance, relief sought. (Sect 77) (mhca2017.com)
Notice, hearing & natural justice
The MHRB must observe basic principles of natural justice: e.g., opportunity to be heard, fair notice, representation, reasoned decision. (Reg 16(9) CMHA Regulations, 2020)
The Act says that proceedings before Board are “judicial proceedings” (MHCA Section 74 in some interpretations). (mhca2017.com)
Typically, you as applicant will get a notice of hearing, you may appear in person or through a nominated representative or lawyer.
You may be allowed to call for medical records, evidence, witnesses supporting your claim of rights violation or MHE negligence/deficiency of service.
The Board may conduct its own enquiry/investigation (including calling documents, medical reports, hearing parties).
The Board’s decision must be in writing and contain reasons. (CMHA Reg 16(10)) (thc.nic.in)
Timelines
CMHA Reg 16(12) provides that for complaints/requests related to medical treatment of PMI, the Board shall endeavour to decide within three days of receipt of application so that treatment is not hampered. (thc.nic.in)
However, in more complex cases the time may extend; State rules may give longer timelines.
Because issues like admission/discharge review must be prompt, the Board is expected to act quickly where rights are at stake.
Venue, environment & procedure
The Board should conduct proceedings in a friendly, barrier-free environment, providing accommodation for person with mental illness etc. (CMHA Reg 16(11)) (thc.nic.in)
The Board may meet at its premises or in situ at a mental health establishment (a “visit” of Board counts as a sitting) (Reg 16(8)) (thc.nic.in)
Quorum and meeting rules: CMHA Reg 16(5-6) set out that at least 3 members (including Chair) for quorum; Chair gives notice of meeting at least five clear days. (thc.nic.in)
Powers and orders
The MHRB has power to review and order discharge, modification of admission, oversee torts/rights violations, advance directives, nominated representative disputes. (MHCA Sect 82)
The decisions are binding on MHEs, mental health professionals; non-compliance can attract fines/cancellation of registration etc. (MHCA Sect 84)
An appeal lies to the High Court against order of Board/Authority (MHCA Sect 85).
How you should prepare as a party-in-person (Plaintiff)
Given the above, here are practical steps to maximize your effective participation:
Draft your application clearly: Identify the violation-or-grievance: e.g., admission/retention, treatment plan ignorance, discharge denial, rights breach, etc. Provide facts, dates, names of MHE, mental health professionals, and relief sought.
Attach supporting documents:
Medical records of PMI (if applicable).
Admission/discharge papers.
Correspondence with MHE.
Copy of advance directive or nomination (if relevant).
Any witness affidavits/care-giver statements.
Identify nominated representative/your status.
Be ready for hearing:
Attend personally, or through counsel.
Understand you have right to be heard and to engage in the hearing.
Ask for adjournment if needed; raise any preliminary issue of bias or members disqualification.
Request copies of documents relied upon by MHE/Board if given to you.
Raise issues proactively:
If MHE failed to comply with rights under MHCA (Sections 18-28) you should highlight: e.g., right to information (Sec 22), right to confidentiality (Sec 23) etc.
If admission was without capacity/consent, challenge accordingly.
If you found the Board’s notice insufficient, raise natural justice violation.
Follow up on order:
Once Board issues order, get certified copy quickly.
Check whether the order has compliance timeline; if non-compliance by MHE, you may approach court/higher authority.
File appeal promptly if you are dissatisfied (as per State/HC rules).
Some caveats and state-specific variations
The MHCA/MRHB procedure is newer in many States; some States may have State-MHRB rules or notifications specifying hearing procedure, formats, fees (if any), modality (physical/virtual).
If the MHRB has backlog or is not fully functional, the actual hearing may be delayed; you should note this and seek urgent interim directions if rights are being violated imminently (e.g., forced admission, refusal of treatment).
The “three-day decision” guideline (in CMHA Reg 16(12)) applies particularly to treatment-related urgent cases — for more complex rights/complaint matters, the timeline may vary.
As a party-in-person you may not have full rules like a court; Boards often follow flexible procedure but must still comply with natural justice. If you detect major procedural violation (e.g., no notice, no record, bias), you may challenge it via writ in High Court.
In summary
The MHRB under MHCA 2017 is essentially a quasi-judicial body with power to hear complaints related to rights of persons with mental illness, admission/discharge, advance directive matters etc. While the Act does not fully spell out every step of the procedure (hearing, cross-examination, record-keeping), the Regulations and Rules provide key mandates: notice, natural justice, written orders with reasons, barrier-free environment.
As plaintiff/party-in-person, you should treat the process as similar to a judicial hearing: prepare your case early, gather documentary evidence, attend the hearing, assert your rights under the Act, insist on participation and informed process, get the order in writing and monitor compliance.
I am the plaintiff (appearing party-in-person) in a quasi-judicial body hearing. My (plaintiff's) Examination-in-chief happenend without proper intimitaion and when I wasn't ready during the previous hearing. My cross-examination has not yet happened. I would like to add few more points to what I said during the chief examination. Can I ask my (plaintiff's) examination-in-chief be asked to re-held citing the aforementioned reasons (that it was taken without providing proper intimation to me) or is there (or what is) the way to add additional points to my examination-in-chief? Can I ask for it during the next hearing before my (the plaintiff's) cross happens?
Yes, you can request the quasi-judicial body to permit you to add further statements or recall yourself for clarification before the cross-examination begins. In quasi-judicial proceedings, procedural flexibility is much greater than in a regular civil court, provided that you act before your cross-examination is conducted.
You should make a formal oral or written request at the next hearing before the cross-examination starts. Explain briefly and respectfully that your examination-in-chief was recorded without adequate intimation, that you were not fully prepared, and that you wish to place some additional facts or clarifications on record for completeness of your evidence.
If the presiding officer allows, you may either file a short written additional affidavit or be recalled for limited oral clarification. The body may mark it as “further examination-in-chief” or “clarificatory evidence.” You should also undertake that you are not introducing anything contradictory, but only supplementing what was already stated, to ensure fairness and transparency.
If your request is refused, you can still file a written “statement of additional facts” or “affidavit of clarification,” requesting that it be kept on record as part of your evidence before the cross-examination. Even though such submissions may not have the same weight as sworn testimony, many quasi-judicial forums consider them, especially when the party is appearing in person.
To summarise your best course of action:
Make the request before the cross-examination begins.
State that there was inadequate notice and you seek to add limited clarifications.
Request permission to either file an additional affidavit or be recalled for brief re-examination.
Avoid adding any inconsistent or new claims; focus only on elaborating or clarifying what was already said.
This approach is procedurally safe, reasonable, and fully within the discretion of the quasi-judicial authority.
Is it compulsory/necessary that the evidences (like audio/video recordings, text messages etc.,) or reports or plaintiff side's witnesses, if any, that the plaintiff relies upon be submitted at (or immediately after) his/her examination-in-chief? Can they (evidences/witnesses/reports) be submitted at a later stage when it necessitates? Say for eg., can we submit or produce them during/after the defendant's/respondent's cross-examination based on their deposition, if the need arises? (Civil/Tribunal Case)
In civil or quasi-judicial (tribunal) proceedings, the general rule is that the plaintiff should produce all the evidence they rely upon—both documentary and oral—along with or immediately after the examination-in-chief. This ensures fairness and allows the other side to prepare for cross-examination.
However, it is not an absolute rule that prevents you from producing further evidence later. Procedural flexibility exists, particularly in tribunals and quasi-judicial bodies. You can submit additional documents or evidence at a later stage if you can show good reason why they could not be produced earlier or if they have become relevant based on something that arose during the defendant’s cross-examination or evidence.
In such cases, you must make a formal request or application to the presiding officer explaining:
The reason the evidence was not filed earlier.
That it has become necessary for proper adjudication in light of new facts or statements that emerged later.
That admitting it now will not cause prejudice to the opposite party, since they will have an opportunity to inspect or rebut it.
If the tribunal is satisfied with your explanation, it can permit the evidence to be taken on record even at a later stage. Similarly, witnesses can also be examined later if they are being called to rebut new points that arose during the defendant’s evidence.
So while it is always better practice to file all supporting material along with your chief-examination affidavit, you are not barred from producing relevant additional evidence later, provided you take the tribunal’s permission and demonstrate genuine necessity and fairness.