Report No. 62
7.27. Section 25.- Section 25 is as follows:-
"25. Recording of evidence.-The Commissioner shall make a brief memorandum of the substance of the evidence of every witness as the examination of the witness proceeds, and such memorandum shall be .written and signed by the Commissioner with is own hand and shall form part of the record:
Provided that, if the Commissioner is prevented from making such memorandum, he shall record the reason of his inability to do so and shall cause such memorandum to be made in writing from his dictation and shall, sign the same, and such memorandum shall form part of the record:
Provided further that the evidence of any medical witness shall be taken down as nearly as may be word for word."
It would be noticed that under this section the Commissioner can dictate the memorandum of evidence only if he records the reason of his inability to make the memorandum himself. This restrictive provision follows the corresponding provision in the Code of Civil Procedure.1 We are of the view that the dictation by the Commissioner should be provided for, irrespective of any question whether he is able or unable to make the memorandum himself. We have made a similar recommendation in our Report on the Code of Civil Procedure.2
1. Order 18, rules 5 and 13, C.P.C. (Appealable and non-appealable cases respectively).
2. 54th Report, Chapter 18.
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