Order XVIII Rule 5 CPC: How evidence shall be taken in appealable cases

THE FIRST SCHEDULE · ORDER XVIII Hearing of the suit and examination of witnesses

Order XVIII Rule 5: How evidence shall be taken in appealable cases

¹[ ²In case in which an appeal is allowed, the evidence of each witness shall be,—

(a) taken down in the language of the Court,—

(i) in writing by, or in the presence and under the personal direction and superintendence of, the Judge, or

(ii) from the dictation of the Judge directly on a typewriter; or

(b) if the Judge, for reasons to be recorded, so directs, recorded mechanically in the language of the Court in the presence of the Judge.]

Footnotes in the official text

1.Subs. by Act 104 of 1976, s. 69, for rule 5 (w.e.f. 1-2-1977).
2.The provisions of rule so far as they relate to the manner of taking evidence, are not applicable to the Chief Court of Oudh, see the Oudh Courts Act, 1925 (U. P. Act 4 of 1925), s. 16.