Mera Samvidhaan All of Code of Civil Procedure, 1908

Order XVIII · Hearing of the suit and examination of witnesses

5How evidence shall be taken in appealable cases.

Order 18, Rule 5

In case 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.]

1 Subs. by Act 104 of 1976, s. 69, for rule 5 (w.e.f. 1-2-1977).

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), s. 16.

Order 18, Rule 5 of The Code of Civil Procedure, 1908 is reproduced in full above, as printed by India Code, with its footnotes and amendment markers. Read the whole Act, or browse every Act on Mera Samvidhaan.