ORDER XVIII HEARING OF THE SUIT AND EXAMINATION OF WITNESSES - RULE 13, 14, 15, 16, 17, 17A, 18 OF CODE OF CIVIL PROCEDURE 1908

What is Memorandum of evidence in unappealable cases? When Judge unable to make such memorandum to record reasons of his inability? What is the Power to deal with evidence taken before another Judge? What is the Power to examine witness immediately? What is the meaning Court may recall and examine witness? What is Production of evidence not previously known or which could not be produced despite due diligence? What is the Power of Court to inspect? Rule 13, 14, 15, 16, 17, 17A and 18 of Order XVIII of Code of Civil Procedure 1908

Memorandum of evidence in unappealable cases, Judge unable to make such memorandum to record reasons of his inability, Power to deal with evidence taken before another Judge, Power to examine witness immediately, Court may recall and examine witness, Production of evidence not previously known or which could not be produced despite due diligence and Power of Court to inspect are defined under Rule 13, 14, 15, 16, 17, 17A and 18 of Order XVIII of Code of Civil Procedure 1908. Provisions under these Rules are:


 

Rule 13 Order XVIII of Code of Civil Procedure 1908 "Memorandum of evidence in unappealable cases"

In cases in which an appeal is not allowed, it shall not be necessary to take down or dictate or record the evidence of the witnesses at length; but the Judge, as the examination of each witness proceeds, shall make in writing, or dictate directly on the typewriter, or cause to be mechanically recorded, a memorandum of the substance of what the witness deposes, and such memorandum shall be signed by the Judge or otherwise authenticated, and shall form part of the record.

Rule 14 Order XVIII of Code of Civil Procedure 1908 "Judge unable to make such memorandum to record reasons of his inability"

Repealed by the Code of Civil Procedure (Amendment) Act, 1976, w.e.f 1st. February, 1977

Rule 15 Order XVIII of Code of Civil Procedure 1908 "Power to deal with evidence taken before another Judge"

(1) Where a Judge is prevented by death, transfer or other cause from concluding the trial of a suit, his successor may deal with any evidence or memorandum taken down or made under the foregoing rules as if such evidence or memorandum had been taken down or made by him or under his direction under the said rules and may proceed with the suit from the stage at which his predecessor left it.

(2) The provisions of sub-rule (1) shall, so far as they are applicable, be deemed to apply to evidence taken in a suit transferred under section 24.

Rule 16 Order XVIII of Code of Civil Procedure 1908 "Power to examine witness immediately"
(1) Where a witness is about to leave the jurisdiction of the Court, or other sufficient cause is shown to the satisfaction of the Court why his evidence should be taken immediately, the Court may, upon the application of any party or of the witness, at any time after the institution of the suit, take the evidence of such witness in manner hereinbefore provided.

(2) Where such evidence is not taken forthwith and in the presence of the parties, such notice as the Court thinks sufficient, of the day fixed for the examination, shall be given to the parties.

(3) The evidence so taken shall be read over to the witness, and, if he admits it to be correct, shall be. signed by him, and the Judge shall, if necessary, correct the same, and shall sign it, and it may then be read at any hearing of the suit.

Rule 17 Order XVIII of Code of Civil Procedure 1908 "Court may recall and examine witness"

The Court may at any stage of a suit recall any witness who has been examined and may (subject to the law of evidence for the time being in force) put such questions to him as the Court thinks fit.

Rule 17A Order XVIII of Code of Civil Procedure 1908 "Production of evidence not previously known or which could not be produced despite due diligence"

Production of evidence not previously known or which could not be produced despite due diligence.

Rule 18 Order XVIII of Code of Civil Procedure 1908 "Power of Court to inspect"

The Court may at any stage of a suit inspect any property or thing concerning which any question may arise and where the Court inspects any property or thing it shall, as soon as may be practicable, make a memorandum of any relevant facts observed at such inspection and such memorandum shall form a part of the record of the suit.

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