Memorandum when evidence not taken down by Judge
Hearing of the suit and examination of witnesses, in the First Schedule to The Code of Civil Procedure, 1908
1 8. 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.
How this Rule is cited
It is written both ways, and both mean this Rule: Order XVIII Rule 8 CPC and Order 18 Rule 8 CPC. Pleadings usually take the arabic form, judgments usually the numeral.
Orders of the courts under it: Order 18 Rule 8 CPC, Order XVIII Rule 8 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.