The Code Of Civil Procedure 1908
Order XVIII :
Rule 13 :
2.[1.[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.]
State Amendment :
High Court Amendment-[Bombay] :
In Order XVIII for rule 13, substitute the following:-
"13. Memorandum of evidence in unappealable cases.-In cases in which an appeal is notallowed, 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 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. However, such memorandum outside Greater Bombay, the State of Goa and the Union Territories of Daman and Diu and Dadra and Nagar Haveli shall be in Marathi or in English wherever the witnesses depose in English."-(31-12-1987).
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1. The provisions of rules 11, 13, 14, 15, ruled 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), section 16 (2)
2. Substituted by Act 104 of 1976, section 69, for the rule 13, (w.e.f. 1-2-1977)..
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