Power to deal with evidence taken before another Judge
Hearing of the suit and examination of witnesses, in the First Schedule to The Code of Civil Procedure, 1908
115. Power to deal with evidence taken before another Judge.(1) Where a Judge is prevented by death, transfer or other cause from concluding the trial of a suit, his successor may deal with any evidence or memorandum taken down or made under the foregoing rules as if such evidence or memorandum had been taken down or made by him or under his direction under the said rules and may proceed with the suit from the stage at which his predecessor left it.
(2) The provisions of sub-rule (1) shall, so far as they are applicable, be deemed to apply to evidence taken in a suit transferred under section 24.
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), s. 16 (2).
How this Rule is cited
It is written both ways, and both mean this Rule: Order XVIII Rule 15 CPC and Order 18 Rule 15 CPC. Pleadings usually take the arabic form, judgments usually the numeral.
Orders of the courts under it: Order 18 Rule 15 CPC, Order XVIII Rule 15 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.