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

Order XVIII Rule 8: Memorandum when evidence not taken down by Judge

The Code of Civil Procedure, 1908

1Where the evidence is not taken down in writing by the Judge, 2[or from his dictation in the open Court, or recorded mechanically in his presence,] he shall be bound, as the examination of each witness proceeds, to make a memorandum of the substance of what each witness deposes, and such memorandum shall be written and signed by the Judge and shall form part of the record.

Footnotes in the official text

  1. 1.The provisions of rules 6, 7, 8, 9, so far as they relate to the manner of taking evidence, are not applicable to the Chief Court of Oudh, see, s. 16, ibid.
  2. 2.Ins. by Act 104 of 1976, s. 69 (w.e.f. 1-2-1977).

Practise questions on Civil Procedure Code