Introduction 

Order XVIII of the Civil Procedure Code, 1908 (CPC) outlines the legal provisions governing the recording of evidence in court proceedings as per the Code of Civil Procedure. It sets forth the procedures for taking down evidence, the responsibilities of judges, and the rights of parties in relation to evidence presentation. 

Rule 1 

• The plaintiff generally has the right to begin presenting their case first in court proceedings, unless the defendant admits all facts alleged by the plaintiff but contests the legal basis or relies on additional facts. 

Rule 2 

• Rule 2(1): The party with the right to begin must state their case and present evidence supporting the issues they need to prove on the hearing day or an adjourned date. 
• Rule 2(2): After the first party presents their case, the other party then states their case, produces their evidence, and may address the court on the entire case. 
• Rule 2(3): The party who began has the right to reply generally on the whole case after the other party has presented their evidence and arguments. 
• Rule 2(3A): Any party may make oral arguments in court and must submit concise written arguments with clear headings before concluding oral arguments if permitted by the court. 
• Rule 2(3B): Written arguments must be simultaneously provided to the opposing party when submitted to the court. 
• Rule 2(3C): The court will not grant adjournments for filing written arguments unless it determines it necessary for recorded reasons. 
• Rule 2(3D): The court has authority to set time limits for oral arguments by either party based on what it considers appropriate.

Rule 3 

• When there are multiple issues with different burdens of proof, the beginning party may choose to either present all evidence immediately or reserve some evidence as a response to the other party's case. 

Rule 3A 

• If a party wishes to testify as a witness in their own case, they must appear before any other witnesses on their behalf, unless the court permits otherwise for recorded reasons. 

Rule 4 

• Rule 4(1): The examination-in-chief of every witness must be presented on affidavit, and copies must be provided to the opposing party by the party calling the witness. 
• Rule 4(1) Proviso: When documents are filed with affidavits, their proof and admissibility remain subject to the Court's orders. 
• Rule 4(1A): All witness affidavits that a party intends to present must be filed simultaneously at the time specified in the first Case Management Hearing. 
• Rule 4(1B): Additional evidence through affidavits (including from witnesses who have already filed affidavits) is not permitted unless sufficient cause is shown in an application and the Court passes a reasoned order allowing it. 
• Rule 4(1C): A party has the right to withdraw any affidavit before the cross-examination of that witness begins, without any negative inference being drawn from such withdrawal. 
• Rule 4(1C) Proviso: If an affidavit is withdrawn, other parties may still use and rely on any admissions made in that withdrawn affidavit as evidence. 
• Rule 4(2): Cross-examination and re-examination of witnesses shall be conducted either by the Court directly or by a Commissioner appointed by the Court. 
• Rule 4(3): Evidence must be recorded either in writing or mechanically in the presence of the Judge or Commissioner, and when recorded by a commissioner, must be returned with a written report to the appointing Court. 
• Rule 4(4): The Commissioner may record remarks about the witness's demeanor during examination that they consider material. 
• Rule 4(5): The Commissioner's report must be submitted to the Court within sixty days from the commission's issue date unless the Court extends this period with recorded reasons. 

Rule 5 

• In appealable cases, witness evidence must be taken down in the Court's language either in writing under the Judge's supervision, from the Judge's dictation onto a typewriter, or mechanically recorded if the Judge so directs with reasons recorded. 

Rule 6 

• When evidence is recorded in a different language than it was given, and the witness doesn't understand the recording language, the written evidence must be interpreted back to the witness in their original language. 

Rule 7 

• Evidence taken under section 138 must follow the form prescribed by rule 5, be read back to the witness, signed, and interpreted or corrected as needed. 

Rule 8 

• When evidence is not written down by the Judge personally or recorded mechanically in their presence, the Judge must make a memorandum of each witness's testimony as it proceeds, which must be signed by the Judge and become part of the record. 

Rule 9 

• Rule 9(1): When English is not the Court's language, but all parties appearing in person and their pleaders have no objection to evidence given in English being recorded in English, the Judge may record it in English. 
• Rule 9(2): Even when evidence is given in a language other than English, if all parties and their pleaders do not object, the Judge may record such evidence in English. 

Rule 10 

• The Court may, on its own initiative or at the request of any party or their pleader, record specific questions, answers, or objections to questions if there appears to be a special reason for doing so. 

Rule 11 

• When a question to a witness is objected to by a party or their pleader but allowed by the Court, the Judge must record the question, the answer, the objection, the name of the objector, and the Court's decision. 

Rule 12 

• The Court may record observations about the demeanor of any witness during examination if it considers these observations material. 

Rule 13 

• In cases where appeal is not allowed, it is not necessary to record witness evidence in full; instead, the Judge shall make a memorandum of the substance of what each witness testifies, which must be signed by the Judge or authenticated, and will become part of the record. 

Rule 15 

• Rule 15(1): If a Judge is unable to conclude a trial due to death, transfer, or other cause, the successor Judge may use any evidence or memorandum recorded by the predecessor as if it were taken under their own direction and may continue the case from where it was left. 
• Rule 15(2): The provisions of Rule 15(1) also apply to evidence in cases transferred under section 24. 

Rule 16 

• Rule 16(1): When a witness is about to leave the Court's jurisdiction, or there is other sufficient cause, the Court may take the witness's evidence immediately upon application by any party or the witness. 
• Rule 16(2): If such urgent evidence is not taken immediately in the parties' presence, the Court must give sufficient notice of the examination date to all parties. 
• Rule 16(3): Evidence taken urgently must be read back to the witness, and if acknowledged as correct, must be signed by the witness and the Judge, who may correct it if necessary, after which it may be read at any hearing of the suit. 

Rule 17 

• The Court may recall any previously examined witness at any stage of a suit and may ask them any questions it deems appropriate, subject to the applicable law of evidence. 

Rule 18 

• The Court has the power to inspect any property or thing related to questions arising in a suit at any stage of the proceedings. 
• When the Court conducts such an inspection, it must create a memorandum of all relevant facts observed during the inspection as soon as practicable, and this memorandum becomes part of the official record of the suit. 

Rule 19 

• Despite any other rules, the Court may choose to have witness statements recorded by commission under rule 4A of Order XXVI instead of examining witnesses in open court. 

Conclusion 

These provisions ensure proper documentation of evidence in court proceedings, maintaining transparency and consistency throughout the judicial process. The rules accommodate various methods of recording evidence while preserving the integrity of testimonies. All parties involved in legal proceedings must adhere to these guidelines to ensure proper presentation and preservation of evidence.