Code of Civil Procedure, 1908 | Order 18 | Examination of witnesses

Order XVIII Rule 10 CPC - Any Particular Question and Answer May Be Taken Down

Order XVIII Rule 10 empowers a civil court to specifically record a question, its answer, or an objection to a question when there is a special reason to preserve that part of the witness examination.

Text of Order XVIII Rule 10 CPC

The Court may, of its own motion or on the application of any party or his pleader, take down any particular question and answer, or any objection to any question, if there appears to be any special reason for so doing.

This rule forms part of Order XVIII - Hearing of the Suit and Examination of Witnesses in the First Schedule to the Code of Civil Procedure, 1908 (Act 5 of 1908).

Meaning and purpose of Rule 10

The provision allows a judge to preserve the exact substance of a significant exchange during examination of a witness. Although testimony is ordinarily recorded through the procedure prescribed for civil trials, a particular question, answer or objection may require separate attention because of its importance to a disputed fact or procedural issue.

The phrase "of its own motion" means the court may act without a request from either side. A "pleader" is a person entitled to appear and plead for another in court, as defined in Section 2(15) of the CPC. The expression "special reason" indicates that there should be a particular justification for recording the exchange under this rule; the provision does not require every question and answer to be separately transcribed on demand.

When can the court invoke Order XVIII Rule 10?

The court may decide to record a particular exchange on its own initiative.
A party or the party's pleader may apply for the question, answer or objection to be recorded.
The court must consider that a special reason exists for doing so.
The recording may concern a particular question and answer or an objection to a question.

Practical illustration

During cross-examination in a civil property dispute, a witness gives an answer that appears materially different from an earlier statement. A party asks the judge to record the particular question and answer because its precise wording may be important when assessing the testimony. If the judge considers that a special reason exists, the court may record that exchange under Rule 10.

Important: Rule 10 is a procedural power concerning the court record. It does not itself determine whether an answer is truthful, relevant or admissible, nor does it guarantee that an application will be allowed.

Order XVIII Rule 4 - Recording of evidence

Rule 4 governs the general procedure for recording witness evidence, including examination-in-chief by affidavit and the manner of recording cross-examination and re-examination, subject to its terms.

Order XVIII Rule 5 - Evidence in appealable cases

Rule 5 prescribes how evidence is taken down in cases where an appeal is allowed. Rule 10 provides an additional means to preserve a particular exchange where a special reason exists.

Order XVIII Rule 11 - Questions objected to and allowed by court

Rule 11 addresses the more specific situation where a question is objected to but permitted by the court. It requires the judge to record the question, answer, objection, identity of the objector and the court's decision. This differs from the discretionary power in Rule 10.

Order XVIII Rule 12 - Remarks on demeanour

Rule 12 permits the court to record material observations concerning a witness's demeanour during examination.

Frequently asked questions

Can a party request that a specific answer be recorded?

Yes. A party or pleader may apply under Order XVIII Rule 10, but the court decides whether a special reason justifies the request.

Can the judge record a question without an application?

Yes. The court may act of its own motion.

Does Rule 10 require every objection to be recorded?

No. Rule 10 applies where a special reason appears. The separate requirements of Rule 11 apply when a question is objected to and the court allows it.

Official statutory source

For the central statutory text, see the Code of Civil Procedure, 1908 - official India Code PDF, especially the First Schedule, Order XVIII, Rules 4, 5, 10, 11 and 12. Also see the India Code Act record.

Court-specific rules and applicable High Court amendments may affect local practice. Verify the current rules of the relevant court before relying on this explanation in proceedings.