Code of Civil Procedure, 1908 | Order 18

Order XVIII Rule 15 CPC - Power to Deal with Evidence Taken Before Another Judge

Order XVIII Rule 15 of the Code of Civil Procedure, 1908 (CPC) enables a successor judge to continue a civil suit using evidence already recorded by a previous judge. It also applies, so far as applicable, to evidence in suits transferred under Section 24 CPC.

Text of Order XVIII Rule 15 CPC

Rule 15 - Power to deal with evidence taken before another Judge

(1) Where a Judge is prevented by death, transfer or other cause from concluding the trial of a suit, his successor may deal with any evidence or memorandum taken down or made under the foregoing rules as if such evidence or memorandum had been taken down or made by him or under his direction under the said rules and may proceed with the suit from the stage at which his predecessor left it.

(2) The provisions of sub-rule (1) shall, so far as they are applicable, be deemed to apply to evidence taken in a suit transferred under section 24.

Source: Official India Code text of the Code of Civil Procedure, 1908 (PDF).

Meaning and purpose of Rule 15

The provision avoids the unnecessary repetition of witness testimony merely because the judge who recorded it can no longer finish the trial. A successor judge is authorised to rely on the existing evidence and memoranda and continue proceedings from the point reached by the predecessor.

Sub-rule (1): Change of the presiding judge

The rule expressly refers to death, transfer or another cause preventing the earlier judge from concluding the trial. The successor may deal with evidence recorded under the preceding rules of Order XVIII as though it had been recorded by or under the successor's direction. The word may gives the successor authority to proceed on that record; it does not require the trial to start again.

Sub-rule (2): Transferred suits

Where a suit is transferred under Section 24 CPC, the same continuity principle applies to the evidence already taken, to the extent applicable. Section 24 concerns the High Court's and District Court's general powers of transfer and withdrawal of suits, appeals and other proceedings, subject to statutory conditions.

How the provision works in practice

Existing record: Depositions and memoranda lawfully recorded by the previous judge remain part of the case record.
Continuation: The successor judge can take up the suit at the stage reached before the change of judge.
Remaining evidence: If witnesses or other procedural steps remain, the successor judge can deal with them in accordance with the CPC and applicable rules.
Fair hearing: Parties retain their procedural rights. Whether a witness should be recalled depends on the circumstances and the court's lawful powers; a change of judge does not automatically require fresh examination of every witness.

Illustrative example

Suppose a civil court has recorded the plaintiff's testimony and cross-examination, after which the presiding judge is transferred. Under Order XVIII Rule 15(1), the succeeding judge may use that testimony and proceed with the remaining witnesses or other stages of the suit instead of recording the plaintiff's evidence again solely because of the transfer.

Order XVIII Rule 4: Addresses the recording of evidence, including examination-in-chief by affidavit and the recording of cross-examination and re-examination as provided by the rule.

Order XVIII Rule 17: Authorises the court, at any stage of a suit, to recall an examined witness and put questions as it thinks fit, subject to the applicable law of evidence. It is a separate power from the continuation mechanism under Rule 15.

Section 24 CPC: Provides for transfer and withdrawal of proceedings by the High Court or District Court within the scope of that section.

Frequently asked questions

Must evidence be recorded again when a judge is transferred?

No. Order XVIII Rule 15 permits the successor judge to use evidence already recorded and continue the suit from the stage where the predecessor stopped.

Does Rule 15 apply when a suit is transferred to another court?

Yes. Sub-rule (2) extends the principle, so far as applicable, to evidence taken in a suit transferred under Section 24 CPC.

Can a successor judge recall a witness?

The court has a separate power under Order XVIII Rule 17 to recall an examined witness, subject to the conditions governing that provision. Recall is not automatic merely because the presiding judge changes.

What is the objective of Order XVIII Rule 15?

Its purpose is continuity of civil trials, allowing the court to use the existing record and avoid unnecessary duplication of proceedings.

Official legal reference

Read the Code of Civil Procedure, 1908 on India Code, including Order XVIII and Section 24. State amendments and applicable High Court rules should also be checked for the court concerned.

This article explains the central CPC provisions for general information and is not a substitute for advice on a particular proceeding.