With the laudable object of curtailing delay in disposal of Civil Suit, the Code of Civil Procedure (Amendment) Act, 2002 (22 of 2002) introduced many amendments to the existing Code of Civil Procedure (hereinafter referred to as ‘CPC’). One of the aforesaid amendments that caused considerable chaos and confusion among the Lawyers and the lower judiciary was regarding interpretation of new substituted Rule 4 of Order 18 of C.P.C. and its reconciliation with existing Rule 5 of Order 18. Rule 4 of Order 18 provides that in every case, examination-in-chief of witness shall be on affidavit, and Rule 5 of Order 18 prescribes the procedure as to how evidence shall be taken in appealable cases. However, in view of following pronouncements in — 1) Salem Advocate Bar Association, Tamil Nadu v. Union of India, reported in AIR 2003 SC 189, 2) F.D.C. Ltd. v. Federation of Medical Representatives Assocation of India, reported in AIR 2003 Bom 371 and 3) Madhur Industries ....