Rule 4 of CPC : Rule 4: Recording of evidence.

Explanation using Example

Example 1:

Case: Property Dispute

Scenario: Rajesh and Suresh are involved in a property dispute. Rajesh claims that a piece of land belongs to him, while Suresh argues that it was sold to him by Rajesh's father.

Application of Rule 4:

1. Examination-in-Chief on Affidavit: Rajesh calls his uncle, who witnessed the transaction, as a witness. Rajesh's lawyer submits the uncle's examination-in-chief in the form of an affidavit to the court and provides a copy to Suresh's lawyer.
2. Simultaneous Filing: Both Rajesh and Suresh are required to file the affidavits of all their witnesses simultaneously at the first Case Management Hearing.
3. Additional Evidence: Suresh later finds another witness who can testify about the transaction. He files an application to the court explaining the reason for the delay and seeks permission to submit an additional affidavit. The court grants permission after considering the reasons.
4. Withdrawal of Affidavit: Rajesh decides to withdraw his uncle's affidavit before the cross-examination begins. The court allows this without drawing any adverse inference. However, Suresh's lawyer can still use any admissions made in the withdrawn affidavit.
5. Cross-Examination: The court appoints a Commissioner to record the cross-examination and re-examination of Rajesh's uncle. The Commi...

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