The Code Of Civil Procedure 1908
Order XVIII :
Rule 5 :
1.[2.[How evidence shall be taken in appealable cases :
In cases 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.]
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1. Substituted by Act 104 of 1976 section 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), section 16 (2).
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