Code of Civil Procedure, 1908
Order XVIII CPC Rules 13 to 19: Evidence, Recall, Inspection and Commission
Order XVIII Rules 13 to 19 of the Code of Civil Procedure, 1908 deal with memorandum of evidence in unappealable cases, use of evidence recorded by a predecessor Judge, immediate examination of a witness, recall and examination of witnesses, inspection by the Court and recording witness statements on commission. Rule 14 stands repealed and Rule 17A stands omitted.
Rule 13 - 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.
Rule 14 - Repealed
Rule 14, formerly relating to the Judge recording reasons when unable to make the memorandum, was repealed by the Code of Civil Procedure (Amendment) Act, 1976 with effect from 1 February 1977.
Rule 15 - 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.
Rule 16 - Power to examine witness immediately
(1) Where a witness is about to leave the jurisdiction of the Court, or other sufficient cause is shown to the satisfaction of the Court why his evidence should be taken immediately, the Court may, upon the application of any party or of the witness, at any time after the institution of the suit, take the evidence of such witness in the manner provided in the preceding rules.
(2) Where such evidence is not taken forthwith and in the presence of the parties, such notice as the Court thinks sufficient of the day fixed for the examination shall be given to the parties.
(3) The evidence so taken shall be read over to the witness and, if he admits it to be correct, shall be signed by him. The Judge shall, if necessary, correct the same and shall sign it, and it may then be read at any hearing of the suit.
Rule 17 - Court may recall and examine witness
The Court may at any stage of a suit recall any witness who has been examined and may, subject to the law of evidence for the time being in force, put such questions to him as the Court thinks fit.
Rule 17A - Omitted
Rule 17A, relating to production of evidence not previously known or which could not be produced despite due diligence, was omitted by the Code of Civil Procedure (Amendment) Act, 1999 with effect from 1 July 2002.
Rule 18 - Power of Court to inspect
The Court may at any stage of a suit inspect any property or thing concerning which any question may arise and, where the Court inspects any property or thing, it shall, as soon as may be practicable, make a memorandum of any relevant facts observed at such inspection and such memorandum shall form part of the record of the suit.
Rule 19 - Power to get statements recorded on commission
Notwithstanding anything contained in these rules, the Court may, instead of examining witnesses in open Court, direct their statements to be recorded on commission under rule 4A of Order XXVI.