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,] [Inserted by Act No.104 of 1976 (w.e.f. 1.2.1977).] 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.

High Court Amendments-(Allahabad].-In Order 18, rule 8: (a) Insert the words "or from his dictation" after the words "in writing by the Judge". (b) Substitute the words "by the Judge or typed to his dictation, shall be signed byhim," for the words "and signed by the Judge".-(19-5-1956). [Bombay].-In Order XVIII for rule 8, substitute the following: "8. Memorandum when evidence not taken down by Judge.-Where 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 or dictated and signed by the Judge and shall form part of the record. Exception.-However, to matters outside Greater Bombay, the State of Goa and the Union Territories of Daman and L)iu and Dadra and Nagar Haveli and from which there is no first appeal to the High Court the depositions given by the witnesses shall be recorded only in Marathi or in English where the witness deposes in English. In such matter it is not necessary to maintain memorandum as mentioned in the rule. "-(31-12-1987). [Calcutta].-Omit rule 8-(6-7-1967). [Punjab].-Same as that of Allahabad-(10-12-1974).

[9. When evidence may be taken in English. - (1) 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 to be taken down, such evidence in English.] [Substituted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72 for rule 9 (w.e.f. 1.2.1977).]

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,] [Inserted by Act No.104 of 1976 (w.e.f. 1.2.1977).] 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.

High Court Amendments-(Allahabad].-In Order 18, rule 8: (a) Insert the words "or from his dictation" after the words "in writing by the Judge". (b) Substitute the words "by the Judge or typed to his dictation, shall be signed byhim," for the words "and signed by the Judge".-(19-5-1956). [Bombay].-In Order XVIII for rule 8, substitute the following: "8. Memorandum when evidence not taken down by Judge.-Where 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 or dictated and signed by the Judge and shall form part of the record. Exception.-However, to matters outside Greater Bombay, the State of Goa and the Union Territories of Daman and L)iu and Dadra and Nagar Haveli and from which there is no first appeal to the High Court the depositions given by the witnesses shall be recorded only in Marathi or in English where the witness deposes in English. In such matter it is not necessary to maintain memorandum as mentioned in the rule. "-(31-12-1987). [Calcutta].-Omit rule 8-(6-7-1967). [Punjab].-Same as that of Allahabad-(10-12-1974).

[9. When evidence may be taken in English. - (1) 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 to be taken down, such evidence in English.] [Substituted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72 for rule 9 (w.e.f. 1.2.1977).]