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Friday, 13 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Code of Civil Procedure, 1908 · Order XVIII: Hearing Of The Suit And Examination Of Witnesses

Order XVIII Rule 7 CPC: Evidence under section 138

Bare Act text

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.

Amendment notes

  1. 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.

Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), First Schedule, as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.

In simple words

Evidence taken down under section 138 must be in the form prescribed by rule 5. It must be read over and signed and, as occasion requires, interpreted and corrected, as if it were evidence taken down under rule 5.

Order XVIII: Hearing Of The Suit And Examination Of Witnesses

  1. 1 Right to begin
  2. 2 Statement and production of evidence
  3. 3 Evidence where several issues
  4. 3A Party to appear before other witnesses
  5. 4 Recording of evidence
  6. 5 How evidence shall be taken in appealable cases
  7. 6 When deposition to be interpreted
  8. 7 Evidence under section 138
  9. 8 Memorandum when evidence not taken down by Judge
  10. 9 When evidence may be taken in English
  11. 10 Any particular question and answer may be taken down
  12. 11 Questions objected to and allowed by Court
  13. 12 Remarks on demeanour of witnesses
  14. 13 Memorandum of evidence in unappealable cases
  15. 14 Judge unable to make such memorandum to record reasons of his inability (Omitted)
  16. 15 Power to deal with evidence taken before another Judge
  17. 16 Power to examine witness immediately
  18. 17 Court may recall and examine witness
  19. 17A Production of evidence not previously known or which could not be produced despite due diligence (Omitted)
  20. 18 Power of Court to inspect
  21. 19 Power to get statements recorded on commission
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