In the First Schedule, in Order XVIII,-



(i)in rule 2, after sub-rule (3), the following sub-rule shall be inserted, namely:-



"(4) Notwithstanding anything contained in this rule, the Court may, for reasons to be recorded, direct or permit any party to examine any witness at any stage.";



(ii)after rule 3, the following rule shall be inserted, namely:-



"3A.Party to appear before other witnesses.- Where a party himself wishes to appear as a witness, he shall so appear before any other witness on his behalf has been examined, unless the Court, for reasons to be recorded, permits him to appear as his own witness at a later stage.";



(iii)for rule 5, the following rule shall be substituted, namely:-



"5.How evidence shall be taken in appealable cases.- In cases in which an appeal is allowed, the evidence of each witness shall be,-



(a) taken down in the language of the Court,-



(i) in writing by, or in the presence and under the personal direction and superintendence of, the Judge, or



(ii) from the dictation of the Judge directly on a typewriter; or



(b) if the Judge, for reasons to be recorded, so directs, recorded mechanically in the language of the Court in the presence of the Judge.";



(iv)in rule 8, after the words "in writing by the Judge,", the words "or from his dictation in the open Court, or recorded mechanically in his presence," shall be inserted;



(v)for rule 9, the following rule shall be substituted, namely:-



"9.When evidence may be taken in English.- (1) Where English is not the language of the Court, but all the parties to the suit who appear in person, and the pleaders of such of the parties as appear by pleaders, do not object to having such evidence as is given in English, being taken down in English, the Judge may so take it down or cause it to be taken down.



(2)Where evidence is not given in English but all the parties who appear in person, and the pleaders of such of the parties as appear by pleaders, do not object to having such evidence being taken down in English, the Judge may take down, or cause to be taken down, such evidence in English.";



(vi)for rule 13, the following rule shall be substituted, namely:-



"13.Memorandum or evidence in unappealable cases.- 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.";



(vii)rule 14 shall be omitted;



(viii) after rule 17, the following rule shall be inserted, namely:-



"17A.Production of evidence not previously known or which could not be produced despite due diligence.- Where a party satisfies the Court that, after the exercise of due diligence, any evidence was not within his knowledge or could not be produced by him at the time when that party was leading his evidence, the Court may permit that party to produce that evidence at a later stage on such terms as may appear to it to be just.";



(viii) in rule 18, after the words "any question may arise", the words "and where the Court inspects any property or thing it shall, as soon as may be practicable, make a memorandum of any relevant facts observed at such inspection and such memorandum shall form a part of the record of the suit" shall be inserted.