Oudh Laws Act,1876
Act No : 18
Section :
Rules for taking evidence.
19. Rules for taking evidence. 3* Section 172 of Act No. 8 of 1859 is hereby repealed, so far as the province of Oudh is concerned, and the following section is substituted therefor:-- "On the day appointed for the hearing of the suit, or on some other day to which the hearing may be adjourned, the evidence of the --------------------------------------------------------------------- 1. See now the Limitation Act, 1908 (9 of 1908). 2. Act 19 of 1868 was rep. by the Oudh Rent Act, 1886 (22 of 1886), s. 2. Act 22 of 1886 has been rep. by the U. P. Tenancy Act, 1939 (U. P. 17 of 1939). 3. See now ss. 181 to 190, both inclusive, of the Code of Civil Procedure, 1908 (5 of 1908). 61 witnesses in attendance shall be taken orally in open Court in the presence and hearing and under the personal direction and superintendence of the Judge. "A note of the essential points of the evidence of each witness is to be taken at the time, and in the course of oral examination, by the officer who tries the case, in his own language, or in English if he is sufficiently acquainted with that language, and such note shall be filed, and shall form part of the record of the case. "If the evidence be taken down in a different language from that in which it has been given, and the witness does not understand the language in which it is taken down, the witness may require his deposition as taken down to be interpreted to him in the language in which it was given. "It shall be in the discretion of the Court to take down, or cause to be taken down, any particular question and answer, if there appear any special reason for so doing, or any party or his pleader requires it. "If any question put to a witness be objected to by either of the parties or their pleaders, and the Court allow the same to be put, the question and the answer shall be taken down, and the objection and the name of the party making it shall be noticed in taking down the depositions, together with the decision of the Court upon the objection. "The Court shall record such remarks as it may think material respecting the demeanour of the witness while under examination. 1*["The note as above required may be written and signed by the Judge with his own hand or typed to his dictation in open Court and singned by him with his own hand, and such note shall form part of the record."]
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