Order XVIII Rule 7 CPC - Evidence under Section 138
Order XVIII Rule 7 of the Code of Civil Procedure, 1908 (CPC) prescribes how evidence recorded under Section 138 must be documented, read over, signed and, when necessary, interpreted or corrected.
Text of Order XVIII Rule 7 CPC
7. Evidence under section 138. - Evidence taken down under section 138 shall be in the form prescribed by rule 5 and shall be read over and signed and, as occasion may require, interpreted and corrected as if it were evidence taken down under that rule.
Source: India Code - Code of Civil Procedure, 1908 (official text, PDF).
Meaning and purpose of Rule 7
This rule links the recording of evidence under Section 138 with the procedural form specified in Order XVIII Rule 5. It also requires the recorded testimony to be read over and signed, with interpretation and correction where the circumstances require them. Its purpose is to help maintain a reliable record of the witness's evidence.
What does Section 138 CPC provide?
Section 138 - Evidence in appealable cases. Section 138 addresses the taking down of evidence in cases in which an appeal is allowed and provides for the manner of recording evidence, subject to the prescribed procedural rules. Order XVIII Rule 7 specifically connects evidence taken down under that section to the form laid down by Rule 5.
Read Section 138 in the official CPC text. Section 138 CPC should not be confused with Section 138 of the Negotiable Instruments Act, 1881, or the former Section 138 of the Indian Evidence Act, 1872.
Requirements for recording evidence
- Prescribed form: Evidence taken down under Section 138 must follow the form prescribed by Order XVIII Rule 5.
- Reading over: The recorded deposition must be read over in accordance with Rule 7.
- Signature: The deposition must be signed as required by the applicable procedure.
- Interpretation: Where necessary, the evidence must be interpreted so the witness can understand what has been recorded.
- Correction: Errors or inaccuracies must be dealt with through the applicable correction procedure.
Related provisions of Order XVIII
Rule 5 - Evidence in appealable cases
Rule 5 prescribes the manner in which evidence is taken down in cases where an appeal is allowed. Rule 7 incorporates that prescribed form for evidence taken under Section 138.
Rule 6 - When deposition is to be interpreted
Rule 6 requires interpretation where evidence is recorded in a language different from the language in which it was given and the witness does not understand the recorded language.
Rule 4 - Recording of evidence
Rule 4 governs examination-in-chief by affidavit and the recording of cross-examination and re-examination by the Court or a Commissioner, subject to the applicable provisions.
Practical example
Suppose a witness gives testimony in a civil suit and the deposition is recorded under the applicable procedure. If the witness cannot understand the language of the written record, interpretation may be required. If the record contains a material error, the appropriate correction should be made in accordance with the governing rules before the record is finalized.
Frequently asked questions
What is Order 18 Rule 7 CPC?
It is the provision requiring evidence taken down under Section 138 CPC to follow the form in Order XVIII Rule 5 and to be read over, signed and, where needed, interpreted and corrected.
Does Rule 7 govern the admissibility of evidence?
No. Rule 7 primarily addresses the form and handling of recorded evidence. Admissibility is governed by the applicable law of evidence and other procedural provisions.
Is Section 138 CPC the same as cheque dishonour under Section 138 NI Act?
No. They are provisions of different statutes dealing with different subjects.