Memorandum of evidence in unappealable cases
Hearing of the suit and examination of witnesses, in the First Schedule to The Code of Civil Procedure, 1908
1[213. 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.]
1. Subs. by Act 104 of 1976, s. 69, for the rule, (w.e.f. 1-2-1977).
2. 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), s. 16 (2).
How this Rule is cited
It is written both ways, and both mean this Rule: Order XVIII Rule 13 CPC and Order 18 Rule 13 CPC. Pleadings usually take the arabic form, judgments usually the numeral.
Orders of the courts under it: Order 18 Rule 13 CPC, Order XVIII Rule 13 CPC. Each opens the full-text search over every order eCourtsIndia holds.
This Order may be one Rule short. India Code publishes the Rules of the First Schedule without recording which Order each one belongs to. We recover that from the Government's own consolidated text of the Code, and for this Order one Rule did not settle beyond doubt. Rather than print it under an Order it might not belong to, it is left out and this note put in its place. Everything shown here is where the Code puts it.
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. This page is not a substitute for legal advice.