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Supreme Court Of India

(From : Bombay)

Hon'ble Judge(s): V. N. Khare, Satya Brata Sinha, Ar. Lakshmanan , JJJ

Civil P.C. (5 of 1908) , O.18 R.4, O.18 R.5, O.18 R.13— @page-SC356Recording of evidence - Examination-in-chief of witness - Is to be tendered on affidavit as per R.4 as amended even in appealable cases - Expression 'in every case' occurring in O.18, R.4 makes no difference between appealable and non-appealable cases - Manner of recording evidence, however, in appealable cases is as per R.5 of O.18 and in non-appealable cases is as per R.13 of O.18 - That apart, presence of party during examination-in-chief is not imperative - Doctrine of suppression of mischief rule - Applicability to amendment made in O. 18, R.4. - Interpretation of statutes - Provisions of O. 18, Rr. 4 and 5 Civil P.C. - Harmoniously read - O. 18, R. 5 not an exception to O. 18, R. 4Laxman Das v. Deoji Mal, AIR 2003 Rajasthan 74 impliedly overruled. R. 4 of O. 18 as amended with effect from 1-7-2002 specifically provided thereunder that the examination-in-chief in every case shall be on affidavit. R. 5 of O. 18 had been incorporated even prior to the said amendment. R.4 of O.18 does not make any distinction between an appealable and non appealable cases so far mode of recording evidence is concerned. Such a difference is to be found only in Rules 5 and 13 of O.18 of the Code. R.5 refers to the evidence which is required to be taken in cases where the appeal is allowed in contradistinction....