Date:- 16/07/2026

Rule 10: Any particular question and answer may be taken down

The Court may,

of its own motion

or

on the application of any party

or

his pleader,

take down any particular question and answer,

or

any objection to any question,

if there appears to be any special reason for so doing.

————

Rule 11: Questions objected to and allowed by Court

Where any question put to a witness is objected to by a party

or

his pleader,

and

the Court allows the same to be put,

the Judge shall take down

the question,
the answer,
the objection
and
the name of the person making it,

together with the decision of the Court thereon.

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Rule 12: Remarks on demeanour of witnesses

The Court

may

record such remarks as it thinks material

respecting the demeanour of any witness
while under examination.

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Note:- The law presented herein is as existing on the date of my posting. This post is not a substitute to the provisions of the bare Act as published by the Government of India. I humbly request you all to keep a regular watch on the happenings in the field of the Law and the Case Laws and also get updated with the latest position of the Law by yourself.

This post is for personal and non-commercial use only.

Date:- 15/07/2026

Rule 9: When evidence may be taken in English

Where English is not the language of the Court,

but all the parties to the suit who appear in person,

and

the pleaders of such of the parties as appear by pleaders,

do not object to having such evidence as is given in English, being taken down in English,

the judge may so take it down
or
cause it to be taken down.

Where evidence is not given in English

but

all the parties who appear in person,

and

the pleaders of such of the parties as appear by pleaders,

do not object to having such evidence being taken down in English,

the Judge may take down,
or
cause it to be taken down,

such evidence in English.

—

Note:- The law presented herein is as existing on the date of my posting. This post is not a substitute to the provisions of the bare Act as published by the Government of India. I humbly request you all to keep a regular watch on the happenings in the field of the Law and the Case Laws and also get updated with the latest position of the Law by yourself.

This post is for personal and non-commercial use only.

Date:- 14/07/2026

Rule 8. Memorandum when evidence not taken down by Judge.—

Where

the evidence is not taken down

in writing by the Judge,

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.

—-

Note:- The law presented herein is as existing on the date of my posting. This post is not a substitute to the provisions of the bare Act as published by the Government of India. I humbly request you all to keep a regular watch on the happenings in the field of the Law and the Case Laws and also get updated with the latest position of the Law by yourself.

This post is for personal and non-commercial use only.

Date :- 13/07/2026

Rule 5. How evidence shall be taken in appealable cases.—

In case in which an appeal is allowed,

the evidence of each witness shall be,—

(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.

——————————————————————-

Rule 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.

——————————————————————-

Rule 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.

—

Note:- The law presented herein is as existing on the date of my posting. This post is not a substitute to the provisions of the bare Act as published by the Government of India. I humbly request you all to keep a regular watch on the happenings in the field of the Law and the Case Laws and also get updated with the latest position of the Law by yourself.

This post is for personal and non-commercial use only.

Date:- 12/07/2026

Rule 4. Recording of evidence.—

(1)

In every case,

the examination-in-chief of a witness shall be on affidavit

and

copies thereof shall be supplied to the opposite party by the party who calls him for evidence:

Provided that

where documents are filed

and

the parties rely upon the documents,

the proof and admissibility of such documents

which are filed along with affidavit

shall be subject to the orders of the Court.

(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:

Provided that

any other party shall be entitled to tender as evidence

and

rely upon any admission made in such withdrawn affidavit.

(2)

The evidence (cross-examination and re-examination) of the witness in attendance,

whose evidence (examination-in-chief) by affidavit has been furnished to the Court,

shall be taken

either

by the Court

or

by the Commissioner appointed by it:

Provided that

the Court

may,

while appointing a commission under this sub-rule,

consider taking into account such relevant factors as it thinks fit.

(3)

The Court or the Commissioner, as the case may be,

shall record evidence

either

in writing

or

mechanically

in the presence of the Judge or of the Commissioner, as the case may be,

and

where such evidence is recorded by the Commissioner

he shall return such evidence together with his report in writing signed by him to the Court appointing him

and

the evidence taken under it shall form part of the record of the suit.

(4)

The Commissioner may record such remarks as it thinks material respecting the demeanour of any witness while under examination:

Provided that

any objection raised during the recording of evidence before the Commissioner

shall be recorded by him

and

decided by the Court at the stage of arguments.

(5)

The report of the Commissioner shall be submitted to the Court appointing the commission

within sixty days from the date of issue of the commission

unless

the Court

for reasons to be recorded in writing

extends the time.

(6)

The High Court or the District Judge, as the case may be,

shall prepare a panel of Commissioners to record the evidence under this rule.

(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.

—-

Note:- The law presented herein is as existing on the date of my posting. This post is not a substitute to the provisions of the bare Act as published by the Government of India. I humbly request you all to keep a regular watch on the happenings in the field of the Law and the Case Laws and also get updated with the latest position of the Law by yourself.

This post is for personal and non-commercial use only.

Date:- 11/07/2026

Rule 3. Evidence where several issues.—

Where there are several issues,

the burden of proving some of which lies on the other party,

the party beginning

may, at his option,

either produce his evidence on those issues

or

reserve it by way of answer to the evidence produced by the other party;

and,

in the latter case,

the party beginning may produce evidence on those issues after the other party has produced all his evidence,

and

the other party may then reply specially on the evidence so produced by the party beginning;

but the party beginning will then be entitled to reply generally on the whole case.

—

Rule 3A. Party to appear before other witnesses.—

Where a party himself wishes to appear as a witness,

he shall so appear

before any other witness on his behalf has been examined,

unless

the Court,

for reasons to be recorded,

permits him to appear as his own witness at a later stage.

—–

Note:- The law presented herein is as existing on the date of my posting. This post is not a substitute to the provisions of the bare Act as published by the Government of India. I humbly request you all to keep a regular watch on the happenings in the field of the Law and the Case Laws and also get updated with the latest position of the Law by yourself.

This post is for personal and non-commercial use only.

Date:- 10/07/2026

Rule 2. Statement and production of evidence.—

(1) On the day fixed for the hearing of the suit

or

on any other day to which the hearing is adjourned,

the party having the right to begin shall state his case

and

produce his evidence in support of the issues which he is bound to prove.

(2) The other party shall then state his case

and

produce his evidence (if any)

and

may then address the Court generally on the whole case.

(3) The party beginning may then reply generally on the whole case.

(3A) Any party may address oral arguments in a case,

and

shall, before he concludes the oral argu- ments, if any,

submit

if the Court so permits

concisely and under distinct headings

written arguments in support of his case to the Court

and

such written arguments shall form part of the record.

(3B) A copy of such written arguments

shall be simultaneously furnished to the opposite party.

(3C) No adjournment shall be granted for the purpose of

filing the written arguments unless the Court,

for reasons to be recorded in writing, considers it necessary to grant such adjourment.

(3D) The Court shall fix such time-limits for the oral arguments by either of the parties in a case, as it thinks fit.

—

Note:- The law presented herein is as existing on the date of my posting. This post is not a substitute to the provisions of the bare Act as published by the Government of India. I humbly request you all to keep a regular watch on the happenings in the field of the Law and the Case Laws and also get updated with the latest position of the Law by yourself.

This post is for personal and non-commercial use only.

Date:- 09/07/2026

ORDER XVIII

Hearing of the suit and examination of witnesses

Rule 1. Right to begin.—

The plaintiff has the right to begin

unless the defendant admits the facts alleged by the plaintiff

and

contends that either in point of law

or

on some additional facts alleged by the defendant

the plaintiff is not entitled to any part of the relief which he seeks, in which case the defendant has the right to begin.

——

Note:- The law presented herein is as existing on the date of my posting. This post is not a substitute to the provisions of the bare Act as published by the Government of India. I humbly request you all to keep a regular watch on the happenings in the field of the Law and the Case Laws and also get updated with the latest position of the Law by yourself.

This post is for personal and non-commercial use only.

Date:- 08/07/2026

Rule 3. Court may proceed notwithstanding either party fails to produce evidence, etc.—

Where any party to a suit to whom time has been granted

fails to produce his evidence,

or

to cause the attendance of his witnesses,

or

to perform any other act necessary to the further progress of the suit,

for which time has been allowed

the Court

may,

notwithstanding such default,

(a) if the parties are present, proceed to decide the suit forthwith;

or

(b) if the parties are, or any of them is, absent,

proceed under rule 2. 

——

Note:- The law presented herein is as existing on the date of my posting. This post is not a substitute to the provisions of the bare Act as published by the Government of India. I humbly request you all to keep a regular watch on the happenings in the field of the Law and the Case Laws and also get updated with the latest position of the Law by yourself.

This post is for personal and non-commercial use only.

Date:- 07/07/2026

Rule 2. Procedure if parties fail to appear on day fixed.—

Where, on any day to which the hearing of the

suit is adjourned,

the parties or any of them fail to appear,

the Court may proceed to dispose of the suit in one of the modes directed in that behalf by Order IX

or

make such other order as it thinks fit.

Explanation.—Where the evidence

or

a substantial portion of the evidence of any party has already been recorded

and

such party fails to appear on any day to which the hearing of the suit is adjourned,

the Court

may,

in its discretion proceed with the case as if such party were present.

——

Note:- The law presented herein is as existing on the date of my posting. This post is not a substitute to the provisions of the bare Act as published by the Government of India. I humbly request you all to keep a regular watch on the happenings in the field of the Law and the Case Laws and also get updated with the latest position of the Law by yourself.

This post is for personal and non-commercial use only.