TaxTMI Login
AI OCR ✕Convert scanned orders, printed notices, PDFs and images into clean, searchable, editable text within seconds. Starting at 2 Credits/page
Try Now →Just a moment...
AI OCR ✕Convert scanned orders, printed notices, PDFs and images into clean, searchable, editable text within seconds. Starting at 2 Credits/page
Try Now →
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
of 
Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of Press 'Enter' after typing page number.
Issues: Whether Order XVIII Rule 4 of the Code of Civil Procedure permits examination-in-chief by affidavit in every case, including appealable cases; whether such rule applies to parties as well as witnesses; and how the affidavit evidence is to be taken on record in appealable and non-appealable cases.
Analysis: Rule 4, as amended, uses the expression "in every case" and therefore extends to all cases in which evidence is recorded. The provision does not create a distinction between parties and witnesses, because a party who steps into the witness box assumes the character of a witness, and the scheme of Order XVIII read with Order XVI shows that the word "witness" is used in a broad sense. The provisions of Rules 4, 5 and 13 must be harmonised: in appealable cases, although examination-in-chief may be filed by affidavit, the affidavit must be taken on record by following the procedure under Rule 5; in non-appealable cases, the affidavit can be taken on record under Rule 13. The court retains discretion to insist on oral examination in appropriate cases and to regulate the manner of recording evidence, but the amended rule makes affidavit evidence the normal mode for examination-in-chief.
Conclusion: The rule applies to appealable cases as well, and it also applies to parties who depose as witnesses; the trial court's contrary view was erroneous.
Final Conclusion: The impugned order was quashed and the petitioner was permitted to lead examination-in-chief by affidavit, with the respondents retaining the right of cross-examination.
Ratio Decidendi: Order XVIII Rule 4, after amendment, requires examination-in-chief by affidavit in every case, and the provisions governing recording of evidence must be read harmoniously so that appealable cases follow Rule 5 while non-appealable cases follow Rule 13 for taking such affidavit evidence on record.
TaxTMI 
TaxTMI 
