AIR 2007 KARNATAKA 58 ::2007 (1) AIR Kar R 244 ::2007 A I H C 707 ::2007 (4) Civ LJ 500 ::(2007) ILR (Kant) 910

Karnataka High Court

Hon'ble Judge(s): K. L. Manjunath , J

Civil P.C. (5 of 1908) , O.18 R.4— Examination-in-Chief of witness - Defendant cannot be expected to file affidavit when the case is posted for the plaintiff's evidence. Plaintiff and defendant cannot be called upon simultaneously to file affidavit in lieu of examination-in-chief and thereafter submit themselves to cross examination. Under O. 18 R. 4 of Civil Procedure Code, the word used is 'witness' and not 'witnesses'. If the plaintiff has to commence the evidence he has to file the affidavit of him or if he chooses to file the affidavits of his witnesses he is at liberty to file such affidavits and after cross examination of the witnesses of the plaintiff, if the defendant feels that there is necessity for him to let-in oral evidence, he is at liberty to file the affidavit when the case is set down for the evidence of the defendant. But the defendant cannot be expected to file the affidavit when the case is posted for the plaintiff's evidence. In addition to that, the examination-in-chief of the defendant and his witnesses would be depending upon the evidence that would be let in by the plaintiff and his witnesses. Without cross examining the plaintiff and his witnesses, it is improper for any Court to direct the defendant to file an affidavit of him and his witnesses in lieu of his examination-in-chief even before the closure of the plaintiff's evidence....