Order XVIII Rule 13 CPC: Memorandum of Evidence in Unappealable Cases
Order 18 Rule 13 of the Code of Civil Procedure, 1908 (CPC) provides a simplified method for recording witness evidence in civil cases in which an appeal is not allowed.
Text of Order XVIII Rule 13 CPC
In cases in which an appeal is not allowed, it shall not be necessary to take down or dictate or record the evidence of the witnesses at length; but the Judge, as the examination of each witness proceeds, shall make in writing, or dictate directly on the typewriter, or cause to be mechanically recorded, a memorandum of the substance of what the witness deposes, and such memorandum shall be signed by the Judge or otherwise authenticated, and shall form part of the record.
Meaning and scope of Rule 13
The expression unappealable cases refers to proceedings in which the law does not provide an appeal from the relevant decision. Whether an appeal lies must be determined from the applicable CPC provisions and any special or local law; it cannot be decided merely from the monetary value or simplicity of a dispute.
A memorandum of evidence is a contemporaneous written or mechanically recorded account of the substance of a witness's testimony. It is not necessarily a verbatim transcript. The rule permits the court to record the material substance rather than reproduce every question and answer at length.
Requirements for recording evidence
- Applicable proceedings: the case must be one in which an appeal is not allowed.
- Recording during examination: the judge prepares or causes the memorandum to be recorded as each witness is examined.
- Substance of testimony: the memorandum should faithfully capture material facts stated by the witness, including relevant admissions and denials.
- Authentication: the judge must sign or otherwise authenticate the memorandum.
- Court record: the authenticated memorandum forms part of the official record of the case.
Purpose and practical significance
Rule 13 reduces the burden of preparing lengthy transcripts in proceedings where an appeal is unavailable, while preserving an authenticated record of what witnesses said. It does not dispense with the examination of witnesses, fair hearing requirements or the need to assess evidence. The court should ensure that the summary is accurate enough to reflect matters relevant to its findings.
Relationship with other CPC provisions
Order XVIII Rule 4 governs the recording of evidence and ordinarily provides for examination-in-chief by affidavit, subject to the applicable procedural framework. Order XVIII Rule 5 concerns the recording of evidence in appealable cases. Order XVIII Rule 12 permits remarks on the demeanour of witnesses. Order XVIII Rule 13 specifically deals with a memorandum of evidence where an appeal is not allowed. These rules must be read together with applicable amendments and court rules.
For the statutory framework, consult the Code of Civil Procedure, 1908 on India Code and the CPC guide.
Illustrative example
Suppose a civil proceeding is governed by a provision under which no appeal is allowed. During the examination of a witness, the judge may record a concise memorandum identifying the relevant transactions, disputed facts and important admissions. Once signed or otherwise authenticated, that memorandum becomes part of the case record. This example does not imply that every small-value civil suit is unappealable.
Frequently asked questions
Is a verbatim transcript mandatory under Order XVIII Rule 13?
No. The rule expressly permits a memorandum of the substance of the witness's evidence instead of recording the testimony at length.
Who must authenticate the memorandum?
The judge must sign or otherwise authenticate the memorandum, which then forms part of the court record.
Does Rule 13 apply to every civil suit?
No. It is directed to cases in which an appeal is not allowed. The appealability of a case depends on the governing law.
Can local amendments affect the procedure?
Yes. Applicable state amendments, High Court rules and procedural directions should be checked for the court and jurisdiction concerned.
Legal information only. The precise procedure depends on the governing law, court rules and applicable amendments.