ORDER XVIII HEARING OF THE SUIT AND EXAMINATION OF WITNESSES - RULE 7, 8, 9, 10, 11, 12 OF CODE OF CIVIL PROCEDURE 1908

What is Evidence under section 138? What is Memorandum when evidence not taken down by Judge? When evidence may be taken in English? Any particular question and answer way he taken down? What are the Questions objected to and allowed by Court? What is Remarks on demeanour of witnesses? Rule 7, 8, 9, 10, 11 and 12 of Order XVIII of Code of Civil Procedure 1908

 Evidence under section 138, Memorandum when evidence not taken down by Judge, When evidence may be taken in English, Any particular question and answer way he taken down, Questions objected to and allowed by Court and Remarks on demeanour of witnesses are defined under Rule 7, 8, 9, 10, 11 and 12 of Order XVIII of Code of Civil Procedure 1908. Provisions under these Rules are:


 

Rule 7 Order XVIII of Code of Civil Procedure 1908 "Evidence under section 138"

Evidence taken down under section 138 shall be in the form prescribed by rule 5 and shall be read over and signed and, as occasion may require, interpreted and corrected as if it wore evidence taken down under that rule.

Rule 8 Order XVIII of Code of Civil Procedure 1908 "Memorandum when evidence not taken down by Judge"

Where the evidence is not taken down in writing by the Judge, 87[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.

Rule 9 Order XVIII of Code of Civil Procedure 1908 "When evidence may be taken in English"

(1) Where English is not the language of the Court, but all the parties to the suit who appear in person, and the pleaders of such of the parties as appear by pleaders, do not object to having such evidence as is given in English, being taken down in English, the Judge may so take it down or cause it to be taken down.

(2) Where evidence is not given in English but all the parties who appear in person, and the pleaders of such of the parties as appear by pleaders, do not object to having such evidence being taken down in English, the Judge may take down, or cause to be taken down, such evidence in English.

Rule 10 Order XVIII of Code of Civil Procedure 1908 "Any particular question and answer way he taken down"
The Court may, of its own motion or on the application of any party or his pleader, take down any particular question and answer, or any objection to any question, if there appears to be any special reason for so doing.

Rule 11 Order XVIII of Code of Civil Procedure 1908 "Questions objected to and allowed by Court"

Where any question put to a witness is objected to by a party or his pleader, and the Court allows the same to be put, the Judge shall take down the question, the answer, the objection and the name of the person making it, together with the decision of the Court thereon.

Rule 12 Order XVIII of Code of Civil Procedure 1908 "Remarks on demeanour of witnesses"

The Court may record such remarks as it thinks material respecting the demeanour of any witness while under examination.

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