Order X Rule 3 CPC - Substance of Examination to Be Written

Order X Rule 3 of the Code of Civil Procedure, 1908 (CPC) requires the Judge to record in writing the substance of an examination conducted under Order X. The written account becomes part of the court record.

Text of Order 10 Rule 3 CPC

Rule 3 - Substance of examination to be written

Source: Code of Civil Procedure, 1908 - official India Code text (PDF).

Meaning and purpose of Order X Rule 3

Order X deals with the examination of parties by the court. Under Rule 2, the court may orally examine parties or other persons specified in that rule to clarify material questions arising in the suit. Rule 3 addresses what happens after that examination: the Judge must reduce its substance to writing and include it in the case record.

The word substance refers to the material or essential points emerging from the examination. The rule requires a written record of those points; it does not expressly require a verbatim transcript of every question and answer.

Legal requirements under Rule 3

• Written recording: The substance of the examination must be put into writing.
• Responsibility of the Judge: The rule expressly places the duty of reducing the substance to writing on the Judge.
• Part of the case record: The written substance must form part of the record of the suit.
• Connection with Rule 2: Rule 3 follows the provision governing oral examination to clarify matters in controversy.

How Rule 3 operates in a civil suit

For example, in a suit involving a disputed payment, the Judge may examine a party under Order X Rule 2 to clarify whether a particular amount was received. Under Rule 3, the material substance of that examination must be recorded in writing and placed on the court record. This illustration explains the procedure; the legal effect of any statement depends on the facts and applicable law.

Related provisions under Order X CPC

Order X Rule 1 - Admissions and denials

The court ascertains and records whether the parties admit or deny relevant factual allegations in the pleadings.

Order X Rule 2 - Oral examination

The court may examine the persons covered by the rule to elucidate matters in controversy. Rule 3 supplies the recording requirement for the substance of that examination.

Order X Rule 4 - Failure to answer material questions

Rule 4 addresses circumstances in which a pleader or accompanying person refuses or is unable to answer a material question and provides for directions concerning the party's personal appearance, subject to its terms.

Frequently asked questions

Is Order X Rule 3 the same as Order 10 Rule 3?

Yes. Roman numeral X means 10. Both refer to Rule 3 of Order X of the CPC.

Who records the substance of the examination?

Order X Rule 3 specifies that the Judge shall reduce the substance of the examination to writing.

Does the written substance become part of the judicial record?

Yes. The rule expressly requires it to form part of the record.

Does Rule 3 require a word-for-word transcript?

The wording requires the substance of the examination to be written, rather than expressly directing a word-for-word transcript.

Official legal reference

For the statutory wording and surrounding provisions, consult the Code of Civil Procedure, 1908 on India Code. Court-specific rules and applicable amendments should also be checked where relevant.

This article provides general legal information and is not a substitute for advice on a particular case.