248. [ Recording of evidence. [Substituted by Notification No. C-2002/93, dated 28.8.03.]
(1)Upon the hearing of any suit or proceeding transferred to the High Court or proceedings whether civil or criminal under the Act, in the High Court, the evidence of the witness shall be taken down in writing in the language of the High Court by or in the presence and under the superintendence of, the Judge or one of the Judges or by the Commissioner appointed by the Court from the panel of Commissioners prepared by the High Court, ordinarily not in the form of question and answer, but in that of a narrative, and the notes so taken shall be sufficient for all purpose and shall form part of the record:Provided that the Court may, while appointing a Commissioner under this Rule, consider taking into account such relevant factors as it thinks fit.(2)The Court may by general or special order fix the amount to be paid as remuneration for the service of the Commissioner.(3)The provisions of Rule 15 to 18-B or Order - XXVI of the Code of Civil Procedure, 1908, in so far as they are applicable, shall apply to the issue, execution and return of such commission under this Rule.]
