Examination-in-chief by affidavit remains valid in appealable cases; procedural rules must be read harmoniously.

Order 18 Rule 4 of the Code of Civil Procedure permits examination-in-chief by affidavit in every case, including appealable matters, while cross-examination and re-examination remain to be taken by the court or commissioner. Order 18 Rule 5 governs the mode of recording evidence in appealable cases but does not carve out an exception to Rule 4. Applying harmonious and purposive construction, the procedural scheme was read as preserving affidavit evidence in chief and the prescribed oral testing of that evidence, in line with the amendment aimed at reducing delay in recording evidence.

---

---

Issues: Whether Order 18 Rule 4 of the Code of Civil Procedure permits examination-in-chief by affidavit in all cases, including appealable cases, and whether Order 18 Rule 5 carves out an exception requiring oral examination in court in such cases.

Analysis: The provisions were construed as part of a single procedural scheme. Order 18 Rule 4, as amended, states that in every case the examination-in-chief of a witness shall be on affidavit, while cross-examination and re-examination are to be taken by the Court or Commissioner. Order 18 Rule 5 was held to govern the mode of recording evidence in appealable cases and not to exclude the operation of Rule 4. The Court applied harmonious and purposive construction, giving effect to the amendment intended to reduce time wastage in recording evidence. It held that Rule 5 cannot be read as an exception to Rule 4, and that in appealable cases the affidavit can be used for examination-in-chief, followed by cross-examination in the manner prescribed by the Rules.

Conclusion: Examination-in-chief by affidavit is permissible even in appealable cases, and Order 18 Rule 5 does not override Order 18 Rule 4.

Final Conclusion: The procedural scheme under Order 18 requires both provisions to operate together, with affidavit evidence in chief remaining available and oral cross-examination preserved according to the prescribed procedure.

Ratio Decidendi: Order 18 Rule 4 permits examination-in-chief by affidavit in every case, and Order 18 Rule 5 regulates the subsequent recording of evidence in appealable matters without displacing that entitlement; the two rules must be harmoniously construed.

---