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The Code of Civil Procedure, 1908: page 145

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 145, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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    (7) The Court may by general or special order fix the amount to be paid as remuneration for the
services of the Commissioner.

    (8) The provisions of rules 16, 16A, 17 and 18 of Order XXVI, in so far as they are applicable, shall
apply to the issue, execution and return of such commission under this rule.]
                                                    STATE AMENDMENT
     Jammu and Kashmir and Ladakh (UTs).—
     In Rule 4, after sub-rule (1), insert the following sub-rules, namely:-
   (1A) The affidavits of evidence of all witnesses whose evidence is proposed to be led by a party shall be filed
simultaneously by that party at the time directed in the first Case Management Hearing.
    (1B) A party shall not lead additional evidence by the affidavit of any witness (including of a witness who has
already filed an affidavit) unless sufficient cause is made out in an application for that purpose and an order, giving
reasons, permitting such additional affidavit is passed by the court.
   (1C) A party shall however have the right to withdraw any of the affidavits so filed at any time prior to
commencement of cross-examination of that witness, without any adverse inference being drawn based on such
withdrawal:
                                                                                   e
   Provided that any other party shall be entitled to tender as evidence and rely upon any admission made in such
withdrawn affidavit.                                                       od
  [Vide the Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, notification
                                                                    aC
No. S.O. 1123(E) dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation (Adaptation of
Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated (23-10-2020)].
     1 2
                                                              di
     [ 5. How evidence shall be taken in appealable cases.—In case in which an appeal is allowed, the
evidence of each witness shall be,—                      In
           (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.]
     3
     6. When deposition to be interpreted.—Where the evidence is taken down in a language different
from that in which it is given, and the witness does not understand the language in which it is taken down,
the evidence as taken down in writing shall be interpreted to him in the language in which it is given.
     3
       7. Evidence under section 138.—Evidence taken down under section 138 shall be in the form
prescribed by rule 5 and shall be read over and signed and, as occasion may require, interpreted and corrected
as if it were evidence taken down under that rule.
     3
     8. Memorandum when evidence not taken down by Judge.—Where the evidence is not taken down
in writing by the Judge, 4[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.

1. Subs. by Act 104 of 1976, s. 69, for rule 5 (w.e.f. 1-2-1977).
2. 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.
3. 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, s. 16, ibid.
4. Ins. by Act 104 of 1976, s. 69 (w.e.f. 1-2-1977).

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