Witnesses examined in open court. How evidence taken in 181. The evidence of the witnesses in attendance shall be taken orally in open court1 in the presence, and under the personal direction and superintendence, of the Judge. 182. In cases in which an appeal is allowed, the evidence of each witness shall be taken down in writing2, in the appealable language of the Court, by or in the presence and under the cases. When deposition interpreted. Memorandum when evidence not taken down by judge. When evi be taken in personal direction and superintendence of the Judge, not ordinarily in the form of question and answer, but in that of a narrative, and, when completed, shall be read over in the presence of the Judge and of the witness, and also in the presence of the parties or their pleaders, and the Judge shall, if necessary, correct the same and shall sign it. 183. If the evidence is taken down under section 182 in a language different from that in which it was 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 was given 3. 184. In cases in which the evidence is not taken down in writing by the Judge, 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 with his own hand, and shall form part of the record. 185. Where English is not the language of the Court, dence may but all the parties to the suit who appear in and the person, English. pleaders of such as appear by pleaders, do not object to have such evidence as is given in English taken down in English, the Judge may so take it down with his own hand. Any parti186. The Court may of its own motion or on the applicular ques- cation of any party or his pleader take down, or cause to be taken down, any particular question and answer, or any tion and answer 1 As to examining in their palanquins parda women not claiming exemption under sec. 640, see 1 Ben., Short Notes, v. See, too, 2 Hyde, 88. 2 See 7 Ben. 74 and 5 Bom. 63 (cases under the Insolvent Act), and 6 Cal. 762. 3 As to the effect of failing to comply with the requirements of secs. 182, 183, see 6 Cal. 762. 16 Suth. Civ. R. 112, 113. objection to any question, if there appear any special reason may be for so doing. taken down. and allow 187. If any question put to a witness be objected to by Questions a party or his pleader, and the Court allows the same to objected to be put, the Judge shall take down the question, the answer, ed by the objection and the name of the person making it, together with the decision of the Court thereon. Court. 188. The Court may record such remarks as it thinks Remarks material respecting the demeanour of any witness while under examination. on demeanour of witnesses. dum of evidence in able cases. 189. In cases in which an appeal is not allowed, it shall Memorannot be necessary to take down the evidence of the witnesses in writing at length; but the Judge, as the examination of each unappealwitness proceeds, shall make a memorandum of the substance of what he deposes, and such memorandum shall be written and signed by the Judge with his own hand, and shall form part of the record. make such 190. If the Judge be rendered unable to make a memor- Judge andum as above required by this chapter, he shall cause the unable to reason of such inability to be recorded, and shall cause the memoranmemorandum to be made in writing from his dictation in open cord reason court. dum to re of his inability. deal with Every memorandum so made shall form part of the record. 191. Where the Judge taking down any evidence, or Power to causing any memorandum to be made under this chapter, evidence dies or is removed from the Court before the conclusion of taken down by Judge the suit, his successor may, if he thinks fit, deal with such removed evidence or memorandum as if he himself had taken it down before conor caused it to be made1. clusion of suit. examine 192. If a witness be about to leave the jurisdiction of the Power to Court, or if other sufficient cause be shown to the satisfaction witness of the Court why his evidence should be taken immediately, immediately. 1 This section only allows the evidence taken at the hearing before Judge A to be used as evidence at the hearing before Judge B when Judge A has died or been removed: it does not allow the two hearings to be linked together and virtually made one, 7 Court may recall and examine witness. the Court' may, upon the application of either party or of the witness, at any time after the institution of the suit, take the evidence of such witness in manner hereinbefore provided1. 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. The evidence so taken shall be read over to the witness, and, if he admits it to be correct, shall be signed by him, and may then be read at any hearing of the suit. 193. The Court may at any stage of the suit recall any witness who has been examined and who has not departed in accordance with section 173, and may (subject to the provisions of the Indian Evidence Act, 1872) put such questions to him as the Court thinks fit. Power to order any CHAPTER XVI. OF AFFIDAVITS. 194. Any Court of first instance and any appellate Court at time for sufficient reason order that any particular point to be may any proved by fact or facts may be proved by affidavit, or that the affidavit of any witness may be read at the hearing, on such conditions as the Court thinks reasonable : affidavit. Provided that where it appears to the Court that either party bona fide desires the production of a witness for crossexamination, and that such witness can be produced, an order shall not be made authorising the evidence of such witness to be given by affidavit2. 1 Phear J. held that such evidence cannot be taken by a commissioner, except by consent, 5 Ben. 252. But the Indian Courts are courts of equity, and have, as such, an inherent jurisdiction to issue commissions to take evidence de bene esse. 2 Blackburn Union v. Brooks, 7 Ch. D. 68. A plaintiff's affidavits in reply need not, apparently, be restricted to cutting down the defendant's evidence, but may be confirmatory of the plaintiff's evidence in chief; see in England, Peacock v. Harper, 7 Ch. D. 648. order at 195. Upon any application evidence may be given by Power to affidavit, but the Court may, at the instance of either party, tendance of order the attendance for cross-examination of the declarant1. declarant for crossSuch attendance shall be in court unless the declarant is exempted under this Code from personal appearance in court, ation. or the Court otherwise directs. examin which af 196. Affidavits shall be confined to such facts as the Matters to declarant is able of his own knowledge to prove, except on fidavits interlocutory applications, on which statements of his belief confined. may be admitted, provided that reasonable grounds thereof be set forth. The costs of every affidavit which shall unnecessarily set forth matters of hearsay or argumentative matter, or copies of or extracts from documents, shall (unless the Court otherwise directs) be paid by the party producing the same2. 197. In the case of any affidavit under this Code(a) any Court or Magistrate, or Oath of declarant by whom (b) any officer whom a High Court may appoint in this adminbehalf, or (c) any officer appointed by any other Court which the Local Government has generally or specially empowered in this behalf3, may administer the oath of the declarant. stered. CHAPTER XVII. OF JUDGMENT AND DECREE. 198. The Court, after the evidence has been duly taken and Judgment the parties have been heard either in person or by their respective nounced. 1 Order xxxviii. r. 1. 2 Order xxxviii. r. 3, with the addition in paragraph 1 of the proviso and in paragraph 2 of words in parenthesis. 3 See Bombay Government Gazette, 13 Oct. 1877, Part I, p. 908: Calcutta Gazette, 13 July 1881, Part I, p. 720. * The person administering the oath should express the time when and the place where he takes the affidavit (Order xxxviii. r. 5). And when the 5 4 Bom. H. C., A. C. J. 102. when pro Judgment pleaders or recognised agents, shall pronounce judgment in open court1, either at once or on some future day, of which due notice shall be given to the parties or their pleaders. 199. A Judge may pronounce a judgment written by his written by predecessor but not pronounced 2. Judge's prede cessor. Language of judg ment. Translation of judgment. Judgment dated and signed. Judgments of Small Cause Courts. Judgments of other Courts. Court to state its decision on each issue. 200. The judgment shall be written in the language of the Court 3, or in English, or in the Judge's mother-tongue. 201. Whenever the judgment is written in any language other than that of the Court, the judgment shall, if any of the parties so require, be translated into the language of the Court, and the translation shall also be signed by the Judge or such officer as he appoints in this behalf. 202. The judgment shall be dated and signed by the Judge in open court at the time of pronouncing it, and shall not be altered or added to, save to correct verbal errors or to supply some accidental defect not affecting a material part of the case, or on review. 203. The judgments of the Courts of Small Causes need not contain more than the points for determination and the decision thereupon. The judgments of all other Courts shall contain a concise statement of the case, the points for determination, the decision thereon, and the reasons for such decisions 5. 204. In suits in which issues have been framed, the Court shall state its finding or decision, with the reasons thereof, |