The Code Of Civil Procedure 1908
Order XVIII :
Rule 8 :
1.[Memorandum when evidence not taken down by Judge :
Where 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.]
State Amendment :
High Court Amendments-(Allahabad] :
In Order 18, rule 8:
(a) Insert the words "or from his dictation" after the words "in writing by the Judge".
(b) Substitute the words "by the Judge or typed to his dictation, shall be signed byhim," for the words "and signed by the Judge".-(19-5-1956).
[Bombay] :
In Order XVIII for rule 8, substitute the following:
"8. Memorandum when evidence not taken down by Judge.-Where the evidence is not taken down in writing by the Judge, 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 or dictated and signed by the Judge and shall form part of the record.
Exception :
However, to matters outside Greater Bombay, the State of Goa and the Union Territories of Daman and L)iu and Dadra and Nagar Haveli and from which there is no first appeal to the High Court the depositions given by the witnesses shall be recorded only in Marathi or in English where the witness deposes in English. In such matter it is not necessary to maintain memorandum as mentioned in the rule. "-(31-12-1987).
[Calcutta] :
Omit rule 8-(6-7-1967).
[Punjab] :
Same as that of Allahabad
-(10-12-1974).
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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 the Oudh Courts Act, 1925 (U. P. Act 4 of 1925), section 16 (2).
2. Inserted by Act 104 of 1976 section 69 (w.e.f.1-2-1977).
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