Code of Civil Procedure, 1908 · Order XVIII: Hearing Of The Suit And Examination Of Witnesses

Order XVIII Rule 8 CPC: Memorandum when evidence not taken down by Judge

Bare Act text

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. 1 2

Amendment notes

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.
Ins. by Act 104 of 1976, s. 69 (w.e.f. 1-2-1977).

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

Where the evidence is not taken down in writing by the Judge, nor from his dictation in open Court, nor recorded mechanically in his presence, he must make a memorandum of the substance of what each witness deposes as the examination proceeds. The Judge writes and signs the memorandum, and it forms part of the record. The words about dictation in open Court and mechanical recording were inserted by the 1976 amendment.